1. Expert Q&A: Benefits - Weds 23 October, 3-4pm

    Our next expert Q&A will be on the topic of benefits. It will be hosted by Lauren from our Knowledge Services team. She'll be answering your questions on Wednesday 23 October between 3-4pm.

    You can either post your question >here< or email them to us at talkingpoint@alzheimers.org.uk and we'll be happy to ask them on your behalf.

  1. pamann

    pamann Registered User

    Oct 28, 2013
    2,635
    Kent
    Has anyone applied for POA for health, my hubby does not have mental capacity, so l have to go through the courts, l have been told it takes a long time, how long?
     
  2. Beate

    Beate Registered User

    May 21, 2014
    11,719
    Female
    London
    If he has no capacity anymore, you cannot apply for POA, only for deputyship. And apparently they are difficult to get for health and welfare.
     
  3. pamann

    pamann Registered User

    Oct 28, 2013
    2,635
    Kent
    Thank you beate, l ment to say Deputyship, l will see my solicitor about it.
     
  4. jenniferpa

    jenniferpa Volunteer Moderator

    Jun 27, 2006
    39,439
    It is possible to get a deputyship for health and welfare in England and Wales, just not very likely. It's only likely to be granted in situations where are are frequent ongoing changes in care arrangements needed. The rationale is that the Care Act allows family members to make and be consulted about most situations that might require a health and welfare deputyship.

    Scotland is different.

    I believe that the success rate for such applications is less than 10% and you have to bear in mind, this is 10% of people who have decided to go ahead with the application despite being told it is unlikely to succeed: most people don't try.

    Can I ask: why do you feel you need this?
     
  5. pamann

    pamann Registered User

    Oct 28, 2013
    2,635
    Kent
    Hello jeniferpa l have been told by SS that l must have it, my hubby is going into a CH for l week respite, if he wants to go home they can not keep him there, unless l have Deputyship.
     
  6. nitram

    nitram Registered User

    Apr 6, 2011
    19,042
    Male
    North Manchester
    A COP deputyship would be expensive and could take weeks/months to obtain, I also doubt that the COP would grant one solely for respite stay.

    A Deprivation of Liberty (DOL) would seem a more appropriate route.

    "PERSON IS NOT YET ACCOMMODATED HERE BUT WILL NEED TO BE DEPRIVED OF THEIR LIBERTY HERE DURING THE NEXT 28 DAYS
    The person is not yet accommodated in this hospital or care home. However, during the next 28 days it is likely that they will be admitted and that they will need to be deprived of their liberty here. It is also likely that they will meet all of the qualifying requirements for a standard authorisation."


    Scroll down to
    REQUEST FOR A STANDARD AUTHORISATION

    C5 (C) page11

    https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/223390/dh_096911.pdf

    There is also a DOL request form for urgent cases in the linked PDF.
     
  7. pamann

    pamann Registered User

    Oct 28, 2013
    2,635
    Kent
    Thank you nitram, this all too much for me, l do not understand why one person tells me something then another tells me something else!!! l would have thought having been married to my hubby for 51yrs, l have looked after him for 8yrs with this horrible Alzheimers, why don't they just take him into care without all this extra stress for me.
     
  8. chick1962

    chick1962 Registered User

    Apr 3, 2014
    11,280
    Female
    near Folkestone
    Oh Pam it's a nightmare but I think Nitram is right go for Dolls . So sorry you facing all of this my lovely . Have send you an e mail back this morning. Maybe speak with the Alzheimer's society or your admiral nurse as they should be able to clarify things for you. SS do try it on xxxxxxx


    Sent from my iPhone using Talking Point
     
  9. Jinx

    Jinx Registered User

    Mar 13, 2014
    2,333
    Pontypool
    Pamann, I'm sorry you're getting all this conflicting advice. I can only add that when my husband was given his diagnosis my daughters and I were told he didn't have capacity and therefore we would make decisions on his behalf. Since then He has had a DOL assessment by SS as I have to keep the doors locked to stop him wandering, and when he goes to respite the Social worker comes and carries out a capacity assessment as a formality I think. I have an Enduring POA but it was too late to apply for the Lasting POA that covers health, it has not been an issue here.


    Sent from my iPad using Talking Point
     
  10. truth24

    truth24 Registered User

    Oct 13, 2013
    5,726
    North Somerset
    I think it is now a legal requirement for DOLs to be completed by CHs when a resident is admitted. I know one was completed for Fred.
     
  11. pamann

    pamann Registered User

    Oct 28, 2013
    2,635
    Kent
    Thank you everyone for your help, l will take advice from my solicitor,
     
  12. reddollyfood

    reddollyfood Registered User

    Apr 28, 2015
    36
    Hi. I haven't done it for health only for my husband's finance and his affairs as my husband doesn't have the mental capacity and we had no lasting POA set up. The Court of Protection told me that I didn't need the one for his health as I am his next of kin I would be expected to be asked to make decisions for him anyway and I would only need the one for health if I disagreed with the doctors' decisions for his treatment. The forms and supporting information you need to complete for application to the Court of Protection are quite complicated but I did do it myself which saved about £500 a solicitor would charge. The court of protection did help me by telling me which forms I needed to complete. The whole process took about 4 + months to complete. Hope this helps you.
     
  13. nitram

    nitram Registered User

    Apr 6, 2011
    19,042
    Male
    North Manchester
    "...why don't they just take him into care without all this extra stress for me..."

    If a person lacks capacity and is not safe to be allowed out there has to be a formal arrangement in place to prevent them leaving the building.

    If there is no attorney or deputy to speak on their behalf a DOL must be applied for.

    Try asking the care home if they will make a suitable application, your's is most unlikely to be the first case.
     
  14. pamann

    pamann Registered User

    Oct 28, 2013
    2,635
    Kent
    Thank you reddollyfood, your help seems less complicated☺
     
  15. chick1962

    chick1962 Registered User

    Apr 3, 2014
    11,280
    Female
    near Folkestone
    Aww hugs pam xxxxxxx


    Sent from my iPhone using Talking Point
     
  16. pamann

    pamann Registered User

    Oct 28, 2013
    2,635
    Kent
    Thank you my dear friend
     
  17. pamann

    pamann Registered User

    Oct 28, 2013
    2,635
    Kent
    Thank you nitram, for your advice.
     
  18. nitram

    nitram Registered User

    Apr 6, 2011
    19,042
    Male
    North Manchester
    Sorry if I seem complicated.

    If you know the care home involved just ask them to prepare a DOL for his stay.

    If you don't know the home ask Social Services to liaise with the home in the preparation of a DOL.
     
  19. jenniferpa

    jenniferpa Volunteer Moderator

    Jun 27, 2006
    39,439
    Unfortunately, it's not unheard of for a social worker to be "confused" or misspeak about what is required. I think everyone else is right - at most the care home will require a Dols application.
     
  20. pamann

    pamann Registered User

    Oct 28, 2013
    2,635
    Kent
    Thank you jenniferpa, l am sure you are right, my SW was quite cross with me for not having POA for health and welfare, my hubby has had no mental capacity for 3yrs, l was not told about this. My solicitor has told me l need Deputyship, my hubby was going to be sectioned 6 weeks ago, but the Dr gave him Memantine, he did improve, but now we are back to 6wks ago. If he is sectioned now l don't need anything. Where do l go from here, its up to our Dr.
     

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