Social services and LPA

[Webbkaz]

Hi all, my dad was diagnosed with v.dem 18 months ago by his psychiatrist, he is currently in hospital due to a chest infection, cavitated phnuemonia. He has been in hospital for 7 weeks to date and has had his first ever delirium, he lashed out and had to be restrained and injected with an antipsychotic drug. While he has been in hospital the consultants did a chest scan and a ct scan, his head scan came back clear, absolutely nothing showing any sign of v.dem which is all so strange. We, the family never thought he had it anyway but we are not specialists. The problem is the consultant has said dads chest is clear and he can be discharged but no way to an EMI, a nursing home would be suffice until at least we know the infection has completely gone and the dilirium won’t start up again. The SW now says she spoke to dad the day before the best interest meeting and according to her he doesn’t have capacity, the doctors at the hospital and the family are not buying that, honest he should be going home, he is better now than he has been for a very long time.
In April dad fappointed me as his LPA for welfare in the event of him ever losing capacity unfortunately it wasn’t back befor the best decisions meeting S services have now taken control, what I need to know is that should I recieved the LPA soon would that mean I could decide where dad lives? S sevices have said dad needs to go into a nursing home but we want him home, they did want him in an EMI but no one agreed to that, the hospital have put his dilirium down to his physical health and nothing to do with his mental health.

 

[sah]

Did you keep a copy of the LPA before it got sent off...or will your solicitor have one? That may help if you can take it along and explain it's just being registered?

 

[Juliasdementiablog]

Even if he had vascular dementia the social services cannot insist he goes into a home. The Best Interests meeting is there to determine his best interests, only if it is deemed that he doesn't have the capacity. If he doesn't have vascular dementia then not sure the Best Interests meeting decision should still stand as the circumstances on which the decision was made have changed. I thought capacity needed to be assessed by a medical person. Does your father have anybody at home that will be able to support him to live back there? If so, I can't see what the problem is. If not, is it an issue of social services not wanting to provide the additional support he needs.

When my mum went into hospital and was diagnosed with vascular dementia, after 6 weeks, a Best Interests meeting determined the only place for her was a care home as she needed 24 hour care. I was trying to explore the possibility of me supporting her to live back at home, but the SW kept saying no you won't be able to cope. Two and a half years later, I am still not sure that was the right decision, and now am on the verge of bringing her back to her own home to live.

I think you and your father are well within your rights to push for whatever you both think is best for him. Given what you have said it would be outrageous if the outcome was anything other than what you both think is best for him.

 

[nitram]

The problem is the consultant has said dads chest is clear and he can be discharged but no way to an EMI, a nursing home would be suffice until at least we know the infection has completely gone and the dilirium won’t start up again.

This seems to be a case where reablement is appropriate
https://www.ageuk.org.uk/globalasse...fs76_intermediate_care_and_reablement_fcs.pdf
Basically free care for up to 6 weeks with the object of getting the person back to where they where before an acute event.

A H&W LPA does not give the authority to override 'professionals'
You have not said whether future care would be self funding or LA assisted.
Bear in mind that residential care becomes cheaper than care at home as needs increase.

 

[Webbkaz]

Did you keep a copy of the LPA before it got sent off...or will your solicitor have one? That may help if you can take it along and explain it's just being registered?

Social worker advised I would need the certificate as proof of registration and it must be registered before I am an attorney, the Opg also advised the same .

 

[Kevinl]

As Nitram says an LPA doesn't mean you can override the best interests meeting's decision, doesn't matter much if you're there as next of kin or as the holder of an LPA the decision is down to them although what you want and what help the family can provide should be considered.
At both of my wife's BIM's there were doctors, people involved in her care, social workers and an Independent Mental Capacity Advisor (IMCA), at the last one there was 8 of them and me.
As it happens I didn't disagree with the decision that my wife needed EMI nursing care, but, it was made clear that if I wanted to take her out of the system I wouldn't be able to change my mind if it didn't work out I'd have to go back to square one as they'd close the file.
I feel the decision had been made before I was even invited into the room because when I tried to explore the possibilities of a trial at home I was shut down, quickly by all of them except the IMCA.
I doubt you'll find too many nursing homes that take people, who, for whatever reason can be aggressive and that if he goes into care it may need to be EMI.
As for Julia's comment "Given what you have said it would be outrageous if the outcome was anything other than what you both think is best for him" well it does happen and I've seen it happen more than once, the state has the final decision in what is in someone's best interest and if need be they could section him or get a DoLS or even the Mental Capacity Act to justify and sanction what they decide.
Usually on here it's the other way round, the family want a care home and social services don't, specially if they have to pay for it and the principal they have to follow is the "least restrictive option" so his own home is the least restrictive option and a care home the most restrictive.
K