LPA and rights

[purple_rain]

Hello all,

 

I have power of attorney over my mum for both finance and welfare.

 

However, the local authority forced me to put her in a care home and that despite having power of attorney I didn't have final say. 

 

The current social worker has stated that nowhere in my mum's file does it state that she was in imminent danger if she returned home from hospital rather than to the care home. 

 

I am not sure the best source to seek advice regarding this issue but does anyone know what my rights are as her agent. I didn't want her to go into a home, because mum made it clear it was not her wish and had done on multiple occasions when she was still of sound mind. I only acquiesced because I was working about 60 hours a week at the time and the social worker came to my home and said the only way mum would come back is if I applied through the court of protection and that I had better make the decision quickly as mum has been placed in a really nice home. Did the LA have the right to make final decision? 

 

 

Thanks in advance.

[Ethel Street]

Bumping this up to see if anyone can help.

 

One question. Is the local authority paying all the fees for your mum's care home? Or is she self funding?

 

If the local authority is paying I would think they have the power to decide which care home to place her in although it would be good practice to consult the family and offer a choice if possible.

[purple_rain]

Sorry, I didn't see your reply.

 

They're fully funding until a financial assessment has been completed. 

 

My issue is less to do with which care home, but more to do with the fact that my mum had told me she didn't want to be in a care home and therefore as LPA, I was against it but was told the local authority had final say and the only way to reverse the decision would be through court of protection. 

[Ethel Street]

I don't know the answer to this, and the lack of other responses suggests that no-one who has read the thread feels able to advise you.

 

Citizen's Advice might be able to help.

 

Reading between the lines it seems that you were not able to provide the necessary level of care for your mother yourself if she had been discharged from hospital to live with you.

 

Nor would she be able to care for herself unsupported in the view of the medical/social care professionals.

 

So in their opinion your mother would be at risk if she didn't go to  care home. My (unexpert) view is that your LPA does not automatically override the professional medical opinion and it is probably correct that you would have to go to the Court of Protection.

 

You haven't said whether your mother being at home with carers coming in is a possibility but probably not as that can be very expensive.

 

 

[purple_rain]

My mum had previously had carers visiting her at home and the council was paying for that.