Care Home Decision when holding Lasting Power of Attorney Health and Welfare

[mpeill]

My mother, at the age of 92 is fast approaching the need for additional care in most aspects of life, and has had hospital visits several times over the last year.
We have approached our local social services about the possibility of her going into a residential care home. We have yet to have the personal assessment done, but telephone conversations suggest the local authority will do everything in its power to provide various support measures in mam's home before considering a care home as the last resort. This is probably on financial grounds, since they would need to fund this, as the family home was put in trust some years ago, and savings amount to about £14K.
Do we, in holding the LPA, have any legal authority to insist on a residential care home (which we truly believe would be in mam's best interest and support), or do we have to accept whatever our social services offer/dictate?

[EXC]

Re: Care Home Decision when holding Lasting Power of Attorney Health and Welfare

I'll ask someone [MENTION=141]enaid[/MENTION]

[enaid]

Re: Care Home Decision when holding Lasting Power of Attorney Health and Welfare

Hi and welcome,
I do know where you are coming from as my MIL is being assessed as we speak she has been in the unit for just over 6 weeks. She suffers from Dementia and they too are quite keen to get her back in her own home.
I am assuming you have the Health and Welfare LPA if this is the case the attorney can only make decisions for your mum when she can no longer make decisions for herself. If your mum does not have mental capacity then the attorney can make decisions as to where the care takes place, medical treatment and day to day stuff like dietry needs etc. The LPA may have restrictions or special instructions on it so they have to be adhered to.
You really needs a best of interest meeting where all people involved with your mums care etc have an input.
I will say don't be bullied you know your own better than anyone and if you think it's best your mum gets 24/7 care then insist on it.

[Openlaw15]

Re: Care Home Decision when holding Lasting Power of Attorney Health and Welfare

My mother, at the age of 92 is fast approaching the need for additional care in most aspects of life, and has had hospital visits several times over the last year.
We have approached our local social services about the possibility of her going into a residential care home. We have yet to have the personal assessment done, but telephone conversations suggest the local authority will do everything in its power to provide various support measures in mam's home before considering a care home as the last resort. This is probably on financial grounds, since they would need to fund this, as the family home was put in trust some years ago, and savings amount to about £14K.
Do we, in holding the LPA, have any legal authority to insist on a residential care home (which we truly believe would be in mam's best interest and support), or do we have to accept whatever our social services offer/dictate?

The idea of an LPA is to give your mum a say over her treatment and her financial affairs as by law she is deemed no longer able to (ie lacks the capacity required), in your case via family, to best effect. So, you're dealing with your mum's affairs as though you were her or looking out for her best interests. If you believe your mum would have preferred residential care as opposed to staying in her home with home support this is your prerogative. The social worker/ the council indirectly has the legal responsibility to ensure your mum gets adequate care. They cannot dictate the type of care given, as then that would be a power of attorney prerogative.