The Mental Capacity Act: an animated guide by Infodeo.

[nitram]

 

[DeMartin]

Interesting

 

[Baker17]

Yes very interesting because the adult social care team where we live say “ even though my husband has not got capacity it’s his human right to decide” I have now got a specialist solicitor dealing with things as I have made myself ill because of this as my husband doesn’t understand he is ill and what he needs as a care package

 

[Big feet pete.]

Thats been very helpfull

 

[Baker17]

Have you considered using an indep social worker? Ours was wonderful.

It would appear that adult social care have appointed an independent social worker, she phoned me to ask about things and was unaware I had appointed a solicitor, when I explained this she said she was would be unable to make a decision about where my husband should be in care, thank goodness, she’s only met him once. Thanks for replying by the way, I’ll continue to battle my way through the mine field that is inept.

 

[monkeygirl15]

It would appear that adult social care have appointed an independent social worker, she phoned me to ask about things and was unaware I had appointed a solicitor, when I explained this she said she was would be unable to make a decision about where my husband should be in care, thank goodness, she’s only met him once. Thanks for replying by the way, I’ll continue to battle my way through the mine field that is inept.

I am in a similar situation. My Social Services say my mum doesn't have the capacity to realise that she needs to be in care / is often unsafe in her own home...but it would be undermining her human rights to force her into care as it goes against what she wants. They have told me that I need to "learn to accept risk rather than remove it." You shouldn't have to fight to keep your loved ones safe - or be made to feel like a criminal for thinking they would be safer in care :-(

 

[Baker17]

I am in a similar situation. My Social Services say my mum doesn't have the capacity to realise that she needs to be in care / is often unsafe in her own home...but it would be undermining her human rights to force her into care as it goes against what she wants. They have told me that I need to "learn to accept risk rather than remove it." You shouldn't have to fight to keep your loved ones safe - or be made to feel like a criminal for thinking they would be safer in care :-(

Thanks for your reply, why does it have to be so hard it’s bad enough, the independent social worker has decided he should stay where he is at the moment but it will go to the court of protection I’ve informed my solicitor and she has written to social services again asking for an explanatio, it’s so frustrating I only want what’s best for my husband x

 

[Baker17]

Independent social workers are used by local SS - one was eventually employed to decide on DOLS for my PWD. But you can also choose your own if you or your PWD can afford it. Ours ďecided my PWD didn't have capacity but could still live at home if she cooperated with a care plan. After a couple of months she wasn't cooperating - she was cold and not eating - and he decided the risk was now too great and she needed a care home. The way he explained capacity and risk was very helpful.

Thanks the independent social worker has decided he should stay where he is at the moment but it will go to the court of protection, I’ve advised my solicitor of this and she’s written to social services again asking to them for an explanation x

 

[Baker17]

Just an update on my situation I’ve had a letter from a firm of solicitors to tell me my husband’s advocate has instructed to represent him at the court of protection the reason given is that he objects to his care, when he has been asked previously by her he said he wanted to be back in our home town, he’s currently 30 minutes away by car. My solicitor is out of the office until the new year so I’ve got an anxious wait for her advice not the best Christmas I’ve ever had