Power of attorney

Tropical treets

New member
Jul 1, 2020
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My friend has power of attorney for her aunt who has dementia she has been in a care home for 18 months which is 230 mile round trip to visit her .my friend has found a very suitable care home just a mile from her home .but social services said she cannot go because she was given a deprivation order because she kept trying to escape .she has breast cancer and is receiving treatment but will only go to hospital if my friend takes her ,which means a long journey .sureley the home cannot make her stay there.and her life would be in danger if she does not get treatment.can someone give advice please
 

canary

Registered User
Feb 25, 2014
25,048
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South coast
social services said she cannot go because she was given a deprivation order because she kept trying to escape
I take it that the Court of Protection had to make a decision about where she would live. If that is true, then Im afraid that the only way to change this is to make a new application to the Court of Protection to ask them to make a new decision about her moving to a new care home. This is not cheap, though (£400 court fees) and the court may not decide in your friends favour, so its a bit of a gamble.
 

nitram

Registered User
Apr 6, 2011
30,230
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Bury
COP Deprivation Orders are usually only made in a domestic setting.
For care homes and hospitals an LPS (liberty protection safeguard) is more normal.
In a care home these are authorised by the LA, it should be possible to move care homes and the new LA authority organise the LPS
A best interests meeting could be held , the journey for cancer treatment may sway it.
Is she self funding?

https://www.scie.org.uk/mca/dols/practice/lps .
 
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