Lack of Capacity

jsh99

As an update we are awaiting a Deprivation of Liberty (DoLS) for my brother - does anyone know how long these take?

elsien

It used to be months, depending on the local authority. Now with the new Supreme Court judgement where people who would previously qualify for one no longer need it even if they lack capacity, it’s likely to be quicker. Be Aware of the possibility there may be the decision it is no longer required.

jsh99

Another update - DOLS has indeed been applied for and the case is being referred to the Court of Protection under a section 21a challenge - because he insists he wants to go home and not to sell the property. I understand a simple case takes about 6-9 months.

So until there is a decision I still cannot sell the property and I will have to apply for 'Assisted payments' from the council as he has now very little money left (not enough to cover a Octobers care home fees).

DOLS psychiatrist has also referred him to the metal health team.

I guess there is still a chance that he won't be declared to not have capacity by the Court of Protection. In which case I suppose he will go home with 4 visits a day.

elsien

If he’s assessed to have capacity, it’s his decision, although unless it’s very finely balanced, the DoLS being in place would tend to suggest not. If it’s a best interest’s decision the court will look at whether it’s in his best interest to return home, (whether it’s already been tried and failed or not been tried at all, for example, so a short-term trial might be suggested ) or if not if there’s any other option that could work better for him - a different care home for example.

Are you going to apply to be a party to the proceedings? You might find this a helpful read.

https://openjusticecourtofprotection.org/2023/03/17/deprived-of-her-liberty-my-experience-of-the-court-procedure-for-my-mum/

jsh99

https://forums.moneysavingexpert.com/discussion/comment/82124319#Comment_82124319

Social services say he lacks capacity but it is the DOLS assesor who has refered the decision to Court of Protection.

I didn't know I could apply - I will look into that.

I was told he will be appointed a solicitor - due to my LPA being a conflict of intrests.

No he has not tried going home.