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mental capacity discharge hospital

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.
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Comments

  • Detroit
    Detroit Posts: 790 Forumite
    If B has an alternative suggestion for their mother's care they are entitled to put this forward.

    Just as A is entitled to leave the decision making to the professionals, B is entitled to become involved.

    Is the issue that A feels the mother's best interests are met by going into residential care, but fears B will be against this and try to keep the mother in their own home?

    If the mother has had an assessment and a decision has been made that she needs a certain level of care, if B doesn't want this to be given within a care home, they will need to come up with another option that allows the mother to receive the care she needs.

    The professionals, now they are involved, will need to be assured the mother is not at risk if another option is chosen.

    This situation may of course result from B not realising how far their mother has deteriorated.
    A conversation with the professionals may yet result in everyone being of like mind.


    Put your hands up.
  • piglet25
    piglet25 Posts: 927 Forumite
    Stoptober Survivor
    A placement would take family concerns into account but ultimately would be the best place available for your mum and not to suit family
  • barbiedoll
    barbiedoll Posts: 5,328 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Is B concerned about a dwindling inheritance due to care home bills funded by sale of mother's home, by any chance?

    If so, perhaps B would be prepared to move back to mother's house to ensure her continued care at home if professionals agree?
    "I may be many things but not being indiscreet isn't one of them"
  • Keep_pedalling
    Keep_pedalling Posts: 22,740 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The mother's safety will be of paramount importance, and unless either sibling is prepared to move in with their mother the provide that safety they are going to have little say in the matter beyond the choice of care home, but even that may not be possible if they are at loggerheads over this.

    With no POA in place control of her welfare and finances will rest on on deputies who will need to be appointed by the court of protection, and under these circumstances that is likely to be the local authority.
  • Does B live any closer to Mum, or take a regular, active part in helping her out at home prior to her hospital admission?

    Whilst discharge to home and care given there might be the "cheaper" option, if Mum's needs are much greater than that would provide, and there are no family members able/willing to fill in the gaps, then residential care would best suit Mum's needs; even if B is against it (for any good reason?) then the decision would go that way.

    This should not be about a sibling power struggle or control of money, but what Mum needs in her twilight years.
  • mad_spaniel
    mad_spaniel Posts: 220 Forumite
    Part of the Furniture 100 Posts Name Dropper
    Just to clarify : Mother was living in property owned by A prior to hospitalisation. Mother can stay in home as long as she likes/ it's deemed safe. No rent charged. B thinks A is "trying to get Mother sectioned" and therefore out of the house. (Anger, venom, distrust by B ) B lives marginally closer to Mother than A but does not appear to have significant contact with mother. A is an appointee for benefits but no POA.
    Thanks for all comments so far.
  • NYM
    NYM Posts: 4,066 Forumite
    Tenth Anniversary 1,000 Posts Photogenic Combo Breaker
    So this is really about 'B' thinking 'A' is being selfish and nothing at all to do with their Mum's well-being?

    If 'B' can come up with an acceptable alternative solution, then they have the right to have that considered.

    The house issue has nothing to do with them at all and they need to butt out. :D
  • TBagpuss
    TBagpuss Posts: 11,237 Forumite
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    How bad is mother's dementia and is is consistent? If her capacity fluctuates then it may be possible for her to grant a PoA when she is having a 'good' day, if she is able to understand that nature and effect of doing so.

    If not, then A may wish to apply to be appointed as her deputy.

    On a practical level, it sounds as though A is having all the contact with the professionals concerned - A could ask the hospital for a copy of their assessment and recommendations and either forward this to B, or ask the hospital to do so.

    Has A spoken again to the Senior Mental Health Practitioner and asked her/him whether their view has changed? Has mother's mental health deteriorated since the original assessment that she could stay at home with greater support? It may be worth asking for their input - for instance, the stress of being unwell and in unfamiliar surroundings might mean that Mother presents in hospital differently / worse than when assessed in her own home.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • mad_spaniel
    mad_spaniel Posts: 220 Forumite
    Part of the Furniture 100 Posts Name Dropper
    A received copy letter from Approved Senior mental health practitioner iro the period pre hospitalisation saying Mother no longer has capacity but "least restrictive" option is for increased care visits to 3 per day (council max). Doctors in hospital say there are fears for Mothers safety on discharge hence their decision to discharge to a home.
  • Keep_pedalling
    Keep_pedalling Posts: 22,740 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    A received copy letter from Approved Senior mental health practitioner iro the period pre hospitalisation saying Mother no longer has capacity but "least restrictive" option is for increased care visits to 3 per day (council max). Doctors in hospital say there are fears for Mothers safety on discharge hence their decision to discharge to a home.

    Things can change quite quickly. I was convinced my mother should have been in a care home by the end of last year, but the LA assessment was that she could continue to receive care at home, but this rapidly changed with a hospitalisation, and much to my relief she was discharged to a care home.
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