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Up until I stepped back, I had always looked after my mother and since her admission to the care home, I visit regularly.   .(c)    Sections -  4, 5 and 7  I am struggling to understand these as I don’t have a legal background.  I was wondering if there is anyone who might be able to explain what they mean.  It’s been a horrendous situation where I had to walk away from my mother at her most vulnerable because of; ss (not helping), scammer and groomer. I have no legal background, nor experience in highly manipulative people or an understanding of how the SS system operates, finding myself isolated, scared and powerless to the point I haven’t collected my personal belongings and items for my mother’s room in the care home.  Sadly, the court has only had heard one version of this story SS’s, and based their decision on that. My mother’s situation and the experience I have gone through could happen to anyone who has a vulnerable parent.    If anyone any thoughts on this much appreciated.  Thank you. ______________________________________________________  (Below is the Court of Protection Order)  COURT OF PROTECTION                                                                                                                                                                                   No xxx  MENTAL CAPACITY ACT 2005 In the matter of Name xxx ORDER Made by  Depty District Judge At xxx Made on xxx Issued on 18 January 2024  WHEREAS  1.     xxx Solicitors, Address xxx  ("Applicant”) has applied for an order under the Mental Capacity Act 2005.  2.     The Court notes (my mother) is said to be estranged from all her three children and only one, (me) has been notified.  3.     (Me) was previously appointed as Atorney for Property and Affairs for (my mother).  The Exhibity NAJ at (date) refers to (me) and all replacement Attorneys are now officially standing down.  4.     Pursuant to Rule 9.10 of the Court of Protection Rules 2017 and Practice Direction 9B the Applicant 2must seek to identify at least three persons who are likely to have an interest in being notified that an application has been issues.”  The children of (my mother), and any other appointed attorneys are likely to have an interest in the application, because of the nature of relationship to (my mother).  5.     The Court considers that the notification requirements are an important safeguard for the person in respect of whom an order is sought.  6.     The Court notes that it is said that the local authority no longer has access to (my mother’s) Property.  7.     Further information is required for the Court to determine the application.  IT IS ORDERED THAT  Within 28 days of the issue date this order, the Applicant shall file a form COP24 witness statement confirming that the other children of (my mother) and any replacement attorneys have been notified of the application and shall confirm their name, address, and date upon which those persons were notified.  If the Applicant wishes the Court to dispense with any further notification, they should file a COP9 and COP24 explaining, what steps (if any) have been taken to attempt notification and why notification should be dispensed with.   Pending the determination of the application to appoint a deputy for (my mother), the Applicant is authorised to take such steps as are proportionate and necessary to access, secure and insure the house and property of (my mother).   This order was made without a hearing and without notice.  Any person affected by this order may apply within 21 days of the date on which the order was served to have the order set aside or varied pursuant to Rule 13.4 of the Court of Protection Rules 2017 (“the Rules”).  Such application must be made on Form COP9 and in accordance with Part 10 Rules.              
    • Unless I've got an incorrect copy of the relevant regulation: The PCN is only deemed to have arrived two days after dispatch "unless the contrary is proved" in which case date of delivery does matter (not just date of posting) and I would like clarification of the required standard of proof. It seems perhaps this hasn't been tested. Since post is now barcoded for the Post Office's own tracking purposes perhaps there is some way I can get that evidence from the Post Office...
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cant afford care home top up fee


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My Dad is in a care home and I just cant afford the top up fee's any more.

 

The situation is this, my mum looked after my dad after he had a stroke, but in November of 2015 Mum became too ill and had to go into hospital, I was not able to meet for my dads needs so their social worker found a local care home and thats where he went - willingly because he knew it was right, sadly my Mum died on December 27th 2015.

 

My mum told me to pay any bills etc using their money, I had to agree to pay a weekly £40 top up fee to the care home and this was being paid by Dad from his own savings [not technically allowed, but it was the only way], he had his DLA stopped, and then the bills from the council kept coming for his care home fees, added to by the top up fee's.

 

In a year, his savings have been nearly wiped out, the main fee is paid direct to the care home now which is his entire weekly income, minus £24.50 [his allowance], dont forget I have been paying the £40 top ups from his own savings, because..

 

I am ill myself, I work 16 hours a week and cannot manage to do more than that as I struggle to do the 16 hours, I dont have any savings, and I do not get any benefits, life is a struggle.

 

Soon, his savings will run out, I will be able to use the £24.50 of dads weekly money to go towards the top up fee, he requires very little for day to day things as everything is provided by the care home, I want to know if there is any help I can get for the top up fee, and what the consequences might be when the money runs out.

 

 

At the time of dad going into a care home, he struck very lucky by getting into one locally, [stockport] but there was no choice of which care home, other care homes have no top up fee, but quite simply there are no places anywhere else and to move him would probably see him off as he is settled, happy, and well cared for.

 

I just dont know what to do or who to speak to.

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Hello there.

 

I'm sorry to hear about your Mum, it's a tough thing to go through. I lost mine in November last year.

 

My mother was also in a care home through social services in Somerset. The best help I got at the beginning was from the local Age UK office, they were wonderful and put me in touch with the team who looked after people with my mother's problems. I don't suppose it's the same in Stockport, but I think Age UK will find you the right people. It's certainly worth a phone call..

 

HB

Illegitimi non carborundum

 

 

 

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Hi,

 

I am also sorry to read about your situation with your Dad and his care home, it will be a difficult time for you.

There will be help out there, I'm just sorry I can't offer much but I'm sure someone will offer you the advice you are looking for and hopefully you will get things sorted out sooner rather than later.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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Hi a couple of links for you to have a look at in the Apply for Financial Assistance one have a look and see if you havent already.

 

http://www.ageuk.org.uk/home-and-care/care-homes/paying-for-permanent-residential-care/

 

https://www.mycaremychoice.org.uk/paying-for-your-care-home.aspx

 

http://www.stockport.gov.uk/doitonline/az/financialassistance_asc

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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  • 2 weeks later...

In my limited experience,

Age UK (staff) don't know the local councils polices and rules

(as the government changed various laws to allow them to do what ever they want).

 

AgeUK website is good on factsheets, especially ones on individual care homes.

Read the one for your Fathers.

 

The councils website say something different to what actual practice by council officers is.

 

For example,

a relative who was self funding a care home place

(i.e. paying a higher private rate)

applied for a Deferred Payment Scheme loan from the council

(instead of selling their home to pay the difference between pension income and home fees).

 

We expected the relative to continue paying the private rate as they were in receipt of DWP Attendance Allowance

(your not allowed this benefit if you have a council subsidised care home place).

 

 

Instead, the local authority loaned the difference only upto what the council pay for that place.

And so, the relative now pays the council direct and less than before.

They no longer need to give the care home 4 weeks notice of death.

 

You’'ve not mentioned if your Father has a house

so anyone in this situation should talk to the council about a DPS loan.

 

 

Make sure the social work team establishes he needs the place and has been assessed to need it.

 

You may have difficulties if your Father can't make decisions and sign for stuff.

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Hi

 

So this is the Local Authority (Council) what need to ask yourself as well is what Policies the Council are using in your circumstances as without this you have no idea if they have followed the Policy & Procedure.

 

If they have mentioned this in any letter ask them for copies of that Policy, if not still ask them for copies of all Policies relating to your issue. (when you get them always check the date approved & date next review then as you read it just think to yourself did they do that and if not highlight it)

 

Use there own Policies and Procedures against them

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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  • 10 months later...

my dad had a stroke in 2011, when my mum died in late 2015 he is now in a care home

 

recenty, he had to go to A&E with another suspected stroke, of course I was informed but he was sent there by himself in the ambulance, and I met up with him at the hospital as soon as I could, some time later.

 

he was ok by the way.

 

his stroke in 2011 left him without use of his right side, and unable to speak properly - for the latter reason I was concerned that nobody escorted him to the A&E, he had no means of communication to the staff there until I arrived

 

right or wrong? - should he have been escorted by a care home staff member?

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Not sure what anyone could have done travelling with him, when a Ambulance took care of him. If they had done this, perhaps they would have had to leave vulnerable people without adequate staff at the car home.

 

As this happened back in 2011, even if there was any legal issue, it would probably be too late under limitations law.

 

What are you thinking ? Why raise this issue now ?

We could do with some help from you.

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First of all it’s important to clarify what you mean by “should”

 

There is no legal requirement, as a Paramedic of more than 20 years I have often transported patients in this type of situation.

As for if it’s best practice or not I will leave others to discuss.

 

There is no getting away from the fact that if there was only the minimum of staff on duty then they would not be allowed to drop those numbers in order to facilitate an escort.

 

What should have gone with the patient is a full set of information, I always ask for it.

 

I would think the first thing to do is ask for a meeting with the Manager of the home, that way you will be able to get a clear view of what should have happened against what did.

 

From a treatment point of view the lack of escort would not have affected my treatment of the patient whilst on way to the hospital or at handover on arrival.

 

I would have taken a full history before we left for hospital, and at that point the responsibility for the care of the patient crosses to me, again this is regardless of an escort or not.

 

I hope you find this helpful.

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did you not read this bit, and by "recently", I maybe shoudl have put "yesterday"

 

I found it a tad confusing, as the 2011 issue might not be relevant.

 

It was only what happened recently that concerned you and by posting you are saying you think the care home failed in some way. As someone with more knowledge has replied, the way to resolve is a written complaint. The care home should have terms/conditions saying what they will do is such situations.

We could do with some help from you.

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I would not go down the formal complaint route yet, all that may be required is a meeting.

That way you would be able to get a clear picture of what the procedure is.

 

Yes you are probably right about this.

 

Give how recent this event was, it is probably best to leave it until stress and emotions have calmed down.

 

Wishing the OP and his father the best ( apologies for misreading your first post. I read it quickly and saw 2011 mentioned )

We could do with some help from you.

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I've had a good think about this as I've recently had an elderly relative go into residential care and I don't think they do have any duty to send an escort. The staff at the home passed the duty of care over to other professionals so they didn't abandon your dad. If you believe they should have escorted him then the question arises 'for how long?'. Should a member of staff be available 24/7 if he's admitted into hospital? Obviously not but his mobility and speech problems don't suddenly disappear once he's on a ward, he's still surrounded by strangers in a strange environment. The difference at that stage from a human perspective is that the shock (drama if you like) of the situation has abated as things are sorted out and calm down so it's only the initial journey and time in A&E which bother us. It would have been nicer if someone he knew could have gone with him but I really don't think it was wrong of the home not to send a member of staff.

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Maybe the Care Home had insufficient staff on duty for someone to accompany him to hospital.

Paramedics & hospital staff are able to communicate with frightened patients of all ages and providing treatment.

The Home did notify the OP of the transfer asap

Sounds like OP is seeking to deflect blame, if he was not able to attend hospital imm.

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I have worked in care for 15years or more, if you send an escort you are leaving other vulnerable residents at risk as long all the relevant information goes with them and family are informed they will be safe and in a safe environment.

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so do you not think that the ambulance crew and then a hospital full of doctors and nurses have no experience with this type of thing? They will have his notes and will be well aware of the effects of a stroke on speech etc. The care home staff are not qualified or insured to do as you would have wanted and would just be in the way.

I can only assume that it is panic that has led you to ask about this and hopefully when you revisit this you will see that the right action was taken at the time

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