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who decides on a persons mental capacity

nessieck

Registered User
Aug 30, 2014
29
Hi. Quick question...who decides if a person no longer has mental capacity? Is it the GP, social worker or someone else? I do have a health POA for my mother but know that won't come into effect until whoever it may be makes the "call". Have an appointment with mothers GP tomorrow to say I just can't take any more. If it's believed mother can live independently which I vehemently refute, then social services will have to take over so I'm hopeful I can arrange for mother to stay in the CH she's in, even though she is fighting against it. Can only do that if it's deemed mental capacity is kaput. Any ideas who will ultimately make the decision? Thanks in advance x
 

Bod

Registered User
Aug 30, 2013
1,335
Does your mother have a mental health consultant?
How do the care home rate her mental capacity?
The higher up the professional ladder, the greater chance of getting a decision.
It sound as if you do a great deal for your mother, can she really cook, wash, shop for her self.
She may be allowed to fail at living independently, to show she cannot cope.
Be open with the GP, talk about the worst days, how often, just how little she can do.
Take the PoA with you to the GPs they may not talk to you without it.
You may be the one who decides, subject to others around her agreeing, as you have the PoA, and the ability to use it.

Bod
 

nessieck

Registered User
Aug 30, 2014
29
Thanx Bod. Did a long reply which had deleted itself, so instead of risking carpal tunnel, I'll just say thankyou for now! Lol. Great advice. Much appreciated
 

chrisdee

Registered User
Nov 23, 2014
171
Yorkshire
It is my experience that no professional will declare lack of capacity at just one meeting.
It can take several attempts as SS and sometimes mental health will say that capacity comes and goes. If going/staying in care is 'against the person's will,' it can get very sticky. It is also my understanding that the POA only applies if the person is deemed to have lost capacity. We had to get a psychiatric appointment [through our mental health team] to get this resolved as Mum just kept saying that she was never going to go into a home! and of course she was listened to, very carefully I might add, despite that fact that it was clear she had no coping skills at all.
 

nessieck

Registered User
Aug 30, 2014
29
It is my experience that no professional will declare lack of capacity at just one meeting.
It can take several attempts as SS and sometimes mental health will say that capacity comes and goes. If going/staying in care is 'against the person's will,' it can get very sticky. It is also my understanding that the POA only applies if the person is deemed to have lost capacity. We had to get a psychiatric appointment [through our mental health team] to get this resolved as Mum just kept saying that she was never going to go into a home! and of course she was listened to, very carefully I might add, despite that fact that it was clear she had no coping skills at all.
Oh dear! That doesn't sound too promising. It seems it has to take a nigh on disaster before SS take action! Thanks for the info x
 

chrisdee

Registered User
Nov 23, 2014
171
Yorkshire
Oh dear! That doesn't sound too promising. It seems it has to take a nigh on disaster before SS take action! Thanks for the info x
Sorry to depress you nessieck. Here's wishing you an easier time than I had. You have got over the biggest hurdle which is that she is in care already. Fingers crossed eh.
 

nessieck

Registered User
Aug 30, 2014
29
Sorry to depress you nessieck. Here's wishing you an easier time than I had. You have got over the biggest hurdle which is that she is in care already. Fingers crossed eh.
Thankyou. I'm determined I'm not gonna be fobbed off though. It's either her or me! That's what its boiled down to. Sad but true!
 

LYN T

Registered User
Aug 30, 2012
6,958
Brixham Devon
Perhaps, when the assessment is being done, you should tell whoever does it that you will be withdrawing your Carer responsibilities and your Mum should be assessed as whether she could cope without you. Up to a point if SS's sees that your Mum has a lot of support their decision is slightly coloured;)

Take care

Lyn T XX
 

nessieck

Registered User
Aug 30, 2014
29
Productive appointment with GP! Someone who actually listened!!! Stunned! There is no question in his mind that mom should remain in CH for her own safety and we can enforce this thru the POA. Mom may resist but the CH will know how to deal with it. The joys of being able to self fund eh?? Seems it's a whole different ball game if you can't. Consider myself very very lucky as if local authority funding was needed it would be a completely different kettle of fish. I'm gonna start fundraising. So much more needs to be done!!
 

chrisdee

Registered User
Nov 23, 2014
171
Yorkshire
Productive appointment with GP! Someone who actually listened!!! Stunned! There is no question in his mind that mom should remain in CH for her own safety and we can enforce this thru the POA. Mom may resist but the CH will know how to deal with it. The joys of being able to self fund eh?? Seems it's a whole different ball game if you can't. Consider myself very very lucky as if local authority funding was needed it would be a completely different kettle of fish. I'm gonna start fundraising. So much more needs to be done!!
This sounds like a really good result. Then you will be able to say with conviction 'the doctor says . . .' Really rooting for you on this as I know, as do many others, what the end of your tether feels like. Keep us posted. Sadly, yes, self-funding can buy peace of mind.