Care home fees not subject to contract law?

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  • elsien
    elsien Posts: 32,863 Forumite
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    edited 27 March at 12:16PM
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    Completely agree with the above, because a dementia diagnosis does not mean that someone automatically lacks capacity for everything, and the only way to properly assess capacity is to test it in real life circumstances. I think it's important to differentiate between any genuine distress caused to someone, and the perceptions of others. If the gentleman really wanted to go to the bank, and it was done tactfully (this will not be new to bank staff) then surely it's better for him to try and then agree it didn't work and needs a plan B rather just being told "nope, you are not going."
    Added to which, if your nephew did not have a health and welfare power of attorney, or deputyship, he could raise concerns on his father’s behalf and be part of that decision-making process, but he would not be the one making the decisions. 
    And even if he have power of attorney, he still needs to act in the donors best interests, which includes involving them and maintaining independence for as long as possible. 
    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.
  • elsien
    elsien Posts: 32,863 Forumite
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    I would also query whether he went to a shoe shop purely to test whether he can fasten laces. Firstly, it's a trip out which many people appreciate just for a change of scenery. And secondly, perhaps he prefers to just try on shoes and see what he likes the look of and just as importantly, which fit properly, rather than someone else picking something for him from a catalogue?
    I used to work with a lady with dementia who needed 24 hour nursing care who used to love her trips to the local charity shop. She couldn't have told you her previous address, date of birth sometimes varied a bit, and she lacked capacity around her finances as a whole but regardless of all that she still liked a) getting off the unit for some 1/1 time and b)knowing she was getting a bargain. 
    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.
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