mental capacity: discharge hospital

mad_spaniel

Mother is suffering from dementia. Senior mental health practitioner initially says the least restrictive option with deteriorating mental health is to keep Mother at home and to have increased care visits. A week later Mother is admitted to hospital. A is told that physically Mother is ok but there are concerns for her safety if discharged home so now they want to admit Mother to a home. Hospital is currently looking into funding.

Siblings A & B haven't communicated in years. Courtesy call made from A to B, but A is accused by B of trying to get Mother sectioned. A is 250 miles away and hasn't been present during any discussions over Mothers future as no Power of attorney and has left it to the professionals to sort best interests because of serious breakdown with family 20 years ago.

A is happy for hospital to make the decision as to where Mother goes as long as she's safe
Question: can B interfere with hospital decision? B doesn't have power of attorney either.

DomRavioli

https://www.alzheimers.org.uk/site/scripts/download_info.php?fileID=1823 - this may help. https://www.alzheimers.org.uk/site/scripts/documents_info.php?documentID=354 - also might help.

Someone can challenge their lack of capacity, but they would need to have good evidence to do so. It is unlikely that someone living 200 miles away would have medical evidence to the contrary to be able to put AMHP decisions into doubt.

I think you need to look into Deputyship; the second link explains what can and can't be done now the patient lacks capacity.

mad_spaniel

A is already an Appointee for benefits. Should this be stopped for the Local Authority or whoever to take over, or is it ok to continue as Appointee?

mad_spaniel

Forgot to say: An AHMP has decided Mother doesn't have capacity.

DomRavioli

mad_spaniel wrote: »

A is already an Appointee for benefits. Should this be stopped for the Local Authority or whoever to take over, or is it ok to continue as Appointee?

Appointee doesn't really matter. B could try for deputyship, but this is unlikely.

Perhaps contact the AMHP or the geriatric unit who did the patient's assessment for clarification - it has been a while since I worked in the system and rules change.

If you're stuck you need to seek advice from a professional, be this the CAB, the NHS, or someone who specialises in law in this area.