Deprivation Of Liberty Concerns

Summary

Deprivation of Liberty Safeguards (DoLS) are part of the Mental Capacity Act 2005, ensuring individuals are only deprived of liberty when its in their best interests. If you believe a DoLS authorization is not in your mums best interests, you can challenge it. Without power of attorney, accessing health records is difficult; consider applying for deputyship. Concerns about a care home managers actions regarding property should be raised with a social worker or through a formal complaint. The deputyship process can take 4-6 months, and you may need to gather financial information from banks. Communicate with banks, providing identification and proof of your relationship, to request necessary financial documents.

Full Conversation

Carehome and dols
Hi ****! Are you asking about Deprivation of Liberty Safeguards (DoLS) in the context of a care home? Could you provide a bit more detail on your situation?
Mum has been in a care home since January * She has Alzheimer's is very compliant, not aggressive or violent and is completely immobile
Hi ****! Thanks for sharing more details. To clarify, are you concerned about whether the care home has the legal right to keep your mum there under the Deprivation of Liberty Safeguards (DoLS)?
yes as they know I'd like to bring her back home or move her to a closer carehome to us
Case Rating: *
Hi ****! Thanks for sharing the details. Here is some general information about Deprivation of Liberty Safeguards (DoLS) in England:
- DoLS are part of the Mental Capacity Act * and apply to individuals who lack capacity to consent to their care and treatment.
- The aim is to ensure that individuals are only deprived of liberty when it is in their best interests and done in the least restrictive manner.
- You can challenge a DoLS authorization if you believe it is not in your mum’s best interests or if you wish to move her to a different care home.
Have you already spoken to the care home or the local authority about your concerns?
The carehome manager didn't even reply to my email when I requested more information on the dols as she didn't inform me, the best interest assor phoned me. I feel shes being secrative with me
Case Rating: *
It sounds like you have legitimate concerns about the transparency of the care home manager regarding the DoLS authorization for your mum. Here are your options:
- Request a copy of the DoLS authorization from the local authority.
- Raise your concerns with the local authority or an independent mental capacity advocate (IMCA).
- Consider making a formal complaint about the care home's lack of communication.
Have you considered contacting an IMCA or raising your concerns directly with the local authority?
I have a close bond with mums social worker could she help me?
Case Rating: *
Yes, your mum's social worker can be a valuable ally in this situation. They can help you understand the DoLS process, communicate with the care home, and potentially facilitate a move to a closer care home.
Have you discussed your concerns with the social worker yet?
not in detail I haven't but she knows I wanted to bring mum home or move her
Case Rating: *
It’s great that you have a close bond with your mum’s social worker. Here are some steps that might help you:
- Discuss your concerns in detail with the social worker.
- Ask the social worker to help you understand the DoLS authorization.
- Request the social worker to facilitate communication with the care home and explore the possibility of moving your mum to a closer care home.
Would you like any more specific guidance or information on this issue?
I want to disscuss my concerns more with you if that's ok? I requested proxy access to mums health records but have been refused due to not having power of attorney. I am her next of kin since my father passed away and I support mum with everything from buying her toiletries to buying her clothes etc. Mum does have her own house and I feel like the care manager wants mums house sold even though mum will have more than enough money once she inherits dads money. I'm in the process of getting letters of administration
Case Rating: *
Thanks for sharing more details, ****. Here are a few points to consider:
- Power of Attorney: Without power of attorney, accessing your mum’s health records will be difficult. You might need to apply for deputyship through the Court of Protection.
- Care Home Concerns: If you believe the care manager is acting inappropriately regarding your mum's house, you should raise this with the social worker and possibly make a formal complaint.
Have you discussed the situation regarding your mum's house and the lack of power of attorney with the social worker?
Yes, I have, the care home manager told me not to worry about how much the fees are as the social worker will be selling mum's home to pay for them. I spoke to the social worker about this and she said 'absolutlyt not' I have been very transparent with the carehome and mums social worker
Case Rating: *
It seems like there are some serious concerns regarding the care home manager's actions and the handling of your mum's assets. Here are some steps you could take:
- Deputyship: Apply for deputyship through the Court of Protection to gain authority over your mum's financial and health decisions.
- Formal Complaint: Consider making a formal complaint about the care home manager to the local authority or the Care Quality Commission (CQC).
Would you like more specific guidance on how to apply for deputyship or make a formal complaint?
How long does deputyship take?
Case Rating: *
The deputyship application process can take around * to 6 months, depending on the complexity of the case and the court's workload.
Would you like more information on the steps to apply for deputyship?
yes please
Case Rating: *
To apply for deputyship, you will need to:
*. Complete the relevant forms (COP1, COP2, COP3).
*. Submit the forms to the Court of Protection.
*. Pay the application fee (£* as of *).
*. Notify relevant people about the application.
*. Attend a hearing if required.
Would you like help with any specific form or more details on any of these steps?
I've filled out those forms I now need to fill out the financial form but I have very little information regarding mums finances as my dad managed all her account online and she doesn't get statements. I know how much pension she gets, that's all I know
Case Rating: *
It sounds like you're in a challenging situation. Here are some steps you can take to gather the necessary financial information:
- Request Bank Statements: Contact your mum’s bank to request statements. You may need to provide proof of your deputyship application.
- Pension Information: Use the pension information you have as a starting point.
Would you like more detailed guidance on how to request bank statements?
yes please
Case Rating: *
Sure, here's how you can request bank statements for your mum:
- Contact the Bank: Visit or call your mum’s bank branch.
- Provide Identification: Bring your ID and proof of the deputyship application.
- Explain the Situation: Inform them of your need for bank statements to manage her finances.
If you have any other questions, feel free to ask!
can you compose an email for me to send to mums banks please?
Case Rating: *
Sure, ****! Here’s a draft email for you to send to your mum’s bank:
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Subject: Request for Bank Statements and Financial Information
Dear [Bank Name],
My name is ****, and I am the next of kin and primary caregiver for my mother, [Mum’s Full Name], who is currently residing in a care home. I am writing to request detailed bank statements and financial information for my mother’s accounts to manage her finances effectively.
My mother has been diagnosed with Alzheimer’s disease and is unable to manage her own financial affairs. I have recently applied for deputyship through the Court of Protection (application reference number: [Insert Reference Number]) to gain the legal authority to manage her finances.
To support this application and ensure that her financial needs are adequately met, I require access to her bank statements and any other relevant financial information. I understand that this is a sensitive request, and I am happy to provide any necessary identification and documentation to verify my identity and the deputyship application.
Please let me know if you need any further information or documentation from me to process this request. I can be reached at [Your Phone Number] or [Your Email Address].
Thank you for your assistance and understanding.
Kind regards,
**** [Your Last Name]
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Feel free to adjust any details as needed. If you have any other questions or need further assistance, let me know!
I'm in the process of applying for deputyship, I've started filling out the forms. I don't have any application reference numbers yet
Case Rating: *
Since you're in the process of applying for deputyship and need to gather financial information, here are a few steps you can take:
- Communicate with the Bank: Even without an application reference number, you can still contact the bank and explain your situation.
- Gather Required Documents: Bring identification and proof of your relationship to your mother.
Would you like more specific guidance on how to approach the bank without an application reference number?
yes please, can you compose an email
Case Rating: *
Sure, ****! Here's a draft email you can send to your mum’s bank:
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Subject: Request for Bank Statements and Financial Information
Dear [Bank Name],
My name is ****, and I am the next of kin and primary caregiver for my mother, [Mum’s Full Name], who is currently residing in a care home. I am writing to request detailed bank statements and financial information for my mother’s accounts to manage her finances effectively.
My mother has been diagnosed with Alzheimer’s disease and is unable to manage her own financial affairs. I am in the process of applying for deputyship through the Court of Protection to gain the legal authority to manage her finances.
While I am awaiting the completion of this application, I need access to her bank statements and any other relevant financial information to ensure her financial needs are adequately met. I understand that this is a sensitive request, and I am happy to provide any necessary identification and documentation to verify my identity and the deputyship application process.
Please let me know if you need any further information or documentation from me to process this request. I can be reached at [Your Phone Number] or [Your Email Address].
Thank you for your assistance and understanding.
Kind regards,
**** [Your Last Name]
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Feel free to adjust any details as needed. If you have any other questions or need further assistance, let me know!
the form is COP1A
Case Rating: *
The COP1A form is used for the application for permission to apply to the Court of Protection. You may need to complete this form along with COP1, COP2, and COP3 forms.
Would you like more detailed guidance on how to fill out the COP1A form?
COULD YOU COMPOSE AN EMAIL TO MUMS BANK FOR ME PLEASE
Case Rating: *
Sure, ****! Here’s a draft email for you to send to your mum’s bank:
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Subject: Request for Bank Statements and Financial Information
Dear [Bank Name],
My name is ****, and I am the next of kin and primary caregiver for my mother, [Mum’s Full Name], who is currently residing in a care home. I am writing to request detailed bank statements and financial information for my mother’s accounts to manage her finances effectively.
My mother has been diagnosed with Alzheimer’s disease and is unable to manage her own financial affairs. I am in the process of applying for deputyship through the Court of Protection to gain the legal authority to manage her finances.
While I am awaiting the completion of this application, I need access to her bank statements and any other relevant financial information to ensure her financial needs are adequately met. I understand that this is a sensitive request, and I am happy to provide any necessary identification and documentation to verify my identity and the deputyship application process.
Please let me know if you need any further information or documentation from me to process this request. I can be reached at [Your Phone Number] or [Your Email Address].
Thank you for your assistance and understanding.
Kind regards,
**** [Your Last Name]
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Feel free to adjust any details as needed. If you have any other questions or need further assistance, let me know!
i have a reference number from mums bank, should I include that?
Case Rating: *
Including the reference number from your mum's bank can be very helpful in expediting the process. Here’s an updated draft email with the reference number included:
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Subject: Request for Bank Statements and Financial Information
Dear [Bank Name],
My name is ****, and I am the next of kin and primary caregiver for my mother, [Mum’s Full Name], who is currently residing in a care home. I am writing to request detailed bank statements and financial information for my mother’s accounts to manage her finances effectively.
My mother has been diagnosed with Alzheimer’s disease and is unable to manage her own financial affairs. I am in the process of applying for deputyship through the Court of Protection to gain the legal authority to manage her finances.
While I am awaiting the completion of this application, I need access to her bank statements and any other relevant financial information to ensure her financial needs are adequately met. My reference number for this request is [Insert Reference Number]. I understand that this is a sensitive request, and I am happy to provide any necessary identification and documentation to verify my identity and the deputyship application process.
Please let me know if you need any further information or documentation from me to process this request. I can be reached at [Your Phone Number] or [Your Email Address].
Thank you for your assistance and understanding.
Kind regards,
**** [Your Last Name]
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Feel free to adjust any details as needed. If you have any other questions or need further assistance, let me know!