This could happen to you if East Sussex Social Services disagree with how your family looks after you (though I am sure they wouldn’t just turn up with the Police and a battering ram in the first instance!) But everyone needs to understand that once they are declared unable to make their own decisions, relatives’ views are irrelevant – Social Services and the Court of Protection take over. UNLESS you have had the foresight to put in place Lasting Powers of Attorney. The fact that your family think you have NOT lost mental capacity (you were always cranky!) is of no consequence unless they can
In the case of Betty Figg, it was the Health and Welfare Lasting Power of Attorney which could have saved the day. Betty was put in a Care Home by Social Services, and was slowly fading away. Her daughter took her home, where she became more animated and happy, only to be told by Social Services that she was acting illegally. Eventually, when the daughter refused to sacrifice her mother happiness (and indeed, risked imprisonment) Social Services turned up with Police and a battering ram, and took Betty Figgis away with a blanket over her head:
To cut a very long story short, Betty’s daughter did eventually win her Court case to bring her mother home, but with a very large number of costly strings attached. Other folk have not been so lucky, with loved ones dying in Care Homes before the Court of Protection could hear the case.
Maybe you would prefer to choose who looks after you, as well as where you are looked after if your ability to look after yourself fades. n It is unrealistic to expect that won’t happen to you. Accidents, stroke, and eventually old age can mean that you need to be looked after to a greater or lesser extent. Perhaps you just want your son or daughter to ensure all your bills are paid. Perhaps Social Services is trying to put you in a cheap care home well away from everyone you care for. The next best thing to retaining control yourself is for you to decide who will make decisions for you. And we’re pretty sure that you won’t want to give control to Social Services. So call us to get Lasting Powers of Attorney set up as soon as possible on 01323 384003.
More about Lasting Powers of Attorney. Call 01323 741200 or enquire here.
