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mental capacity discharge hospital

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  • As far as im aware, if mother is sectioned, there will be no care home fees to pay. They should be coveted by CHC ?
  • picklekin
    picklekin Posts: 889 Forumite
    As far as im aware, if mother is sectioned, there will be no care home fees to pay. They should be coveted by CHC ?

    That's correct as far as I'm aware, but it might get complicated depending on the section. (I work in residential care for adults, not seniors so there might be a difference).
  • mad_spaniel
    mad_spaniel Posts: 220 Forumite
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    I don't think she was sectioned, just B's rather nasty assumption.
  • Keep_pedalling
    Keep_pedalling Posts: 22,741 Forumite
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    No one is placed in a care home by being sectioned.
  • Red-Squirrel_2
    Red-Squirrel_2 Posts: 4,341 Forumite
    From the mention of best interests, and least restrictive options, it sounds like a DOLS (deprivation of liberty safeguards) is in place rather than a section. This comes under the mental capacity act, rather than the mental health act.

    Here's some information from Age UK.

    http://www.ageuk.org.uk/Documents/EN-GB/Factsheets/FS62_Deprivation_of_Liberty_Safeguards_fcs.pdf?dtrk=true
  • mad_spaniel
    mad_spaniel Posts: 220 Forumite
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    Thanks for the link. Very interesting.
  • elsien
    elsien Posts: 37,549 Forumite
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    edited 1 August 2016 at 9:04PM
    In my experience Hospitals tend to say residential care as their default option, even when they are not the decision makers and do not have information about all the options.
    Is mum being funded by CHC or the local authority - this will affect who the decision maker is. In my area, there us very little choice for older people who meet the CHC criteria, due to lack of places. However, given that 3 calls a day may be adequate, I would query if she has that level of need.
    Ask more questions. What are the risks, why is the hospital saying it's not safe in her specific case? Has she had OT assessments in her own home? Falls risk, wandering off, what are their specific concerns. Many of these may be able to be addressed without going into care. If cooking is a problem, get meals on wheels, for example. If there are other risks, can assistive technology help eg with reminders to take medication? What was the reason for the hospital admission this time?
    The decision maker needs to consider the benefits and burden of all the options. This may include options that have not yet been mentioned such as housing with care - mums own flat but with extra support on hand when needed. What does mum want and does she recognise her additional support needs? If she is considered to lack capacity around her accommodation (and this needs a specific capacity assessment just around this) her wishes and preferences should still be taken into account.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • Most recent report from the area team indicates "X clearly lacks insight into her current situation…. if a decision specific capacity assessment was completed i believe that x would lack capacity to make any decision about her needs. 86 yr old referred with stepwise decline in dementia with increasing aggression towards care staff, wandering and phoning A in a distressed state and making a number of calls to odd random telephone numbers. History of verbal and physical aggression towards family when intoxicated and mentally unwell, and this has apparently included the use of weapons."
    The most recent hospital admission was, I understand, triggered by the carer as Mother had got worse since the review. Mother is on Pension Credit, so it would be a council funded placement in a care home, if that's what's decided. Interesting what Elsien says about "entering a care home statement is the hospitals default mode."
  • nicter
    nicter Posts: 310 Forumite
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    As far as im aware, if mother is sectioned, there will be no care home fees to pay. They should be coveted by CHC ?

    Continuing health care funding and section funding are completely different things
    A person only has care fees paid by 117 aftercare if they were placed on a section 3.
    Continuing healthcare funding is awarded if a person fulfils a very stringent health needs check list

    If "mum" was in a general hospital it is very unlikely she would be sectioned and remain there ... she would be moved to a psychiatric hospital
  • Mojisola
    Mojisola Posts: 35,574 Forumite
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    If mother is living in a house owned by A, does she have much in the way of capital? If not, the care home fees will be paid by the council.
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