Hi, I have a problem and hope that you can help. It is very stressful and difficult for my mum, and for me and my brother. A potted history is:
My mum thinks it is the year 2000 but is adamant she does not want to go into a care home (possibly understandably). The doctors' say that she does not have capacity to decide where she should go on leaving hospital. The social worker has raised the issue of "deprivation of liberty" and says that the POA does not allow us to put mum in a care home against her will. Social work say that guardianship will be needed. I have raised this with a solicitor and they think that this is unnecessary and also expensive and time consuming, as it doesn't change anything or help anyone (I am summarising somewhat).
I feel like major decisions are resting on me and am feeling the pressure. I think the hospital and social work will also have key roles here? I am considering saying that I will not seek guardianship. I do not know what the implications of this will be and am worried.
There are also contextual issues of hospitals needing beds and care homes not taking on any new residents, and courts not sitting, due to SARS-COV-2.
What do you think will ultimately happen if I refuse to progress guardianship?
Thanks in advance
Tammer
- We are in Scotland.
- My mum has suspected parkinsons and has been, apart from 3 days, in hospital since September 2019 when she was admitted with an infection and was intermittently incoherent and falling over.
- Mum was briefly allowed home with care support but starting falling over immediately and it had to be abandoned.
- I have POA for welfare and finance - drafted in 2015.
My mum thinks it is the year 2000 but is adamant she does not want to go into a care home (possibly understandably). The doctors' say that she does not have capacity to decide where she should go on leaving hospital. The social worker has raised the issue of "deprivation of liberty" and says that the POA does not allow us to put mum in a care home against her will. Social work say that guardianship will be needed. I have raised this with a solicitor and they think that this is unnecessary and also expensive and time consuming, as it doesn't change anything or help anyone (I am summarising somewhat).
I feel like major decisions are resting on me and am feeling the pressure. I think the hospital and social work will also have key roles here? I am considering saying that I will not seek guardianship. I do not know what the implications of this will be and am worried.
There are also contextual issues of hospitals needing beds and care homes not taking on any new residents, and courts not sitting, due to SARS-COV-2.
What do you think will ultimately happen if I refuse to progress guardianship?
Thanks in advance
Tammer