Deprivation of Living Order

All about caring
1

Hi Guys,

Just interested to see what experiences other members have had with this, apparently you lose control of your loved one as much as they lose a voice to control what they want.

I’m not being asked, but told about this without any input myself.

Also can a Social Worker have input to someones Mental Capacity, I was in the same room the first time our Social Worker tested my loved ones Capacity, it involved her asking the same question ten times until she got the answer she wanted…

2

Hi Stephen

There is quite a bit of information about Deprivation of Liberty DOL on the Alzheimers Forum. They do lots of fact sheets- take a look at this link

and here are some fact sheets/downloads about “assessing capacity”

You could also google “DOL” "Deprivation of Liberty on their forum talking point for people who have experienced similar things


https://forum.alzheimers.org.uk/search/15135712/?q=dol&o=date
https://forum.alzheimers.org.uk/search/15135940/?q=deprivation+of+liberty&o=date

3

My Dad is subject to a Deprivation of Liberty order. It is in place because he doesn’t want to be in a nursing home, but needs to be in one as his care levels are so high. It is with my family’s blessing, so perhaps the circumstances are different to yours. He definitely lacks mental capacity.

The home/local authority have to lodge it with (I think) the court every year. Are you objecting to the order? If so I am sure there must be some procedure for this? They exist precisely as a safeguarding measure because people shouldn’t be “held” against their will lightly.

It sounds as though you think your loved one still has mental capacity? If so you should ask for a second opinion on this, Maybe speak to your GP. Or speak to the social worker’s manager.

I’m assuming that the point has come when your loved one is being asked to move into a care/nursing home? What other care options have you explored?

4

Mmmm … CHC / NHS Continuing Healthcare in the equation here ?

https://www.carersuk.org/forum/support-and-advice/all-about-caring/chc-coughlan-grogan-judgements-pointon-ruling-nhs-contuing-healthcare-nhs-fnc-hospital-discharges-all-here-35998

Costs only time to explore ?

5

Also just to reassure you. The order does NOT deprive you of being involved in your loved ones care once they are in a care/nursing home.

Do you have a Power of Attorney for either finances or health and welfare for your loved one? If so this will help your cause. However, I don’t have either of these for my Dad and my sister and myself are still involved and consulted on his care.

6

My MIL with dementia had a DOLS on her - because she kept wandering off from her care home (she was trying to get back to her old home, or me, or both…so, so sad…)

I agree with Sally, it didn’t mean I was excluded. however, my MIL was self-pay, so maybe that makes a difference???

I didn’t have Poa etc for her (her dementia was ‘too quick’ for that to be put in place)

7

I don’t think that whether you are paying or not comes into being consulted (or certainly it shouldn’t do). A good care home will consult and involve the next of kin. We have been self funding, joint funded and now CHC funded and the consultation about care has been the same. So please try not to worry.

8

Thanks Sally.

Just to confim … now under CHC … and no additional costs for care whatsoever ?

Some readers have been paying for care in addition to receiving CHC for their caree.

9

"I don’t think that whether you are paying or not comes into being consulted (or certainly it shouldn’t do).2

I agree it shouldn’t - but sceptical as to whether SS etc might ‘deliberately’ shut one out so they can make ‘cost cutting’ decisions!!!

10

Hi Chris, no, we are not charged for any care now. All taken care of by CHC. But Dad is in a nursing home, so I guess that is simpler than if someone is having care at home?

11

Thanks Sally … at least that’s one bullet " Dodged " compared with some out there conned into paying " Additional " fees ?

Care at home ?

Thanks to BB asking me to dom me deerstalker … POINTON … now a section within the main CHC / NHS Continuing Healthcare
thread … for some receiving CHC / NHS CH out there … a restrospective revelation ???

12

Absolutely can see this happening! Dad in a specialist nursing home that we are very happy with, and they prioritise Dad’s care above SS nonsense! So I guess we are VERY lucky.