Is a care home allowed to share visitation records with sibling

diystarter7

biggysmaller said:

diystarter7 said:

Does your mum have the capacity to make safe/informed decisions?

Severe dementia 

Ok, thanks, just noted your other thread as well..  It looks as though its a very complexed situation and one only you, the care home, your family and or social workers may be able to resolve re your concerns. Good luck.

BrassicWoman

Look at it the other way round: why did you expect it to be private? They have no duty of care towards you, but do towards their resident. so if they have a primary contact - I would expect that person to be told anything which might affect their resident.

biggysmaller

BrassicWoman said:

Look at it the other way round: why did you expect it to be private? They have no duty of care towards you, but do towards their resident. so if they have a primary contact - I would expect that person to be told anything which might affect their resident.

Mental Capacity Act 2005 that to make any decision made on behalf of a person who lacks capacity must be done in their best interests. 

elsien

If your sibling has power-of-attorney or a deputyship for health/welfare then they are the decision maker. And have the right to know information which may impact on your mothers care and well-being, including who has visited her. 

Next of kin, as I’m sure was mentioned in one of your other threads, has no legal meaning under the mental capacity act.
Have you checked whether there is a valid power-of-attorney or deputy ship in place?

If you want to actually get this resolved then raising complaints about the care home possibly isn’t the best way to be going on as a starting point.

Pollycat

elsien said:

If your sibling has power-of-attorney, then they are the decision maker. And have the right to know information which may impact on your mothers care and well-being, including who has visited her.

And that's why I asked the OP (in the other thread) if he understood how PoA works.
Apparently he does.

BrassicWoman

biggysmaller said:

BrassicWoman said:

Look at it the other way round: why did you expect it to be private? They have no duty of care towards you, but do towards their resident. so if they have a primary contact - I would expect that person to be told anything which might affect their resident.

Mental Capacity Act 2005 that to make any decision made on behalf of a person who lacks capacity must be done in their best interests. 

That really does not answer my question. If you would like proper advice, you need to stop being so vague.

london21

Asking a bunch a strangers online but without context difficult to give any suggestions. 

Marcon

biggysmaller said:

My mother's Social Care home discused my visit with my sister,. disclosing details of a private conversation. The sister shared this is information with other family members.
Where do I stand?

What answer here could be of any value to you? The conversation took place, it's been shared - what 'remedy' do you believe you are entitled to?

The care home will have enough on their plate looking after someone with severe dementia in the last stage of life without having to deal with bickering family members. Given your mother has only a short time to live, mightn't it be better for her if everyone focussed on her needs and where she stands, rather than fretting about whether the letter of the law has been complied with? 

Pollycat

Marcon said:

biggysmaller said:

My mother's Social Care home discused my visit with my sister,. disclosing details of a private conversation. The sister shared this is information with other family members.
Where do I stand?

What answer here could be of any value to you? The conversation took place, it's been shared - what 'remedy' do you believe you are entitled to?

The care home will have enough on their plate looking after someone with severe dementia in the last stage of life without having to deal with bickering family members. Given your mother has only a short time to live, mightn't it be better for her if everyone focussed on her needs and where she stands, rather than fretting about whether the letter of the law has been complied with? 

I'm just so glad that my sister and I were rock solid in agreement about what was best for our Mum when she was in a care home.
We supported each other during the very difficult times of covid and after her death.

She may not have known what was happening and what we were doing but she would have known that we stood together.

diego_94

Bringing the care home into the dispute between you and your sister is not fair at all. Their duty of care is with your mum, and they aren't there to keep secrets from other siblings who don't get on.