What should usually/might happen Mum if she wished too. Would be brought home and an assessment would be done in the home. To see what she is or not capable of doing etc. The fact she is in care home suggests she is not able to care for herself. It is of cause cheaper for her to be at home. If you feel she can not live on her own would be also taken in to account.
FROM THE ABOVE WEB SITE
Your rights to advocacy
Local councils must involve people in decisions about their care and support. No matter how complex your needs, they are required by law to help you:
express your feelings and wishes
weigh up your options
make your own decisions.
All local councils must commission advocacy services and in certain situations you are legally entitled to an advocate. This is called statutory advocacy and there are three types:
Independent Mental Health Advocates (IMHAs) - if you are being assessed or receiving treatment for a mental health condition under the Mental Health Act 1983.
Independent Mental Capacity Advocates (IMCAs) - if you lack capacity to make certain decisions and there is no-one else (such as a family member or friend) who can support or represent you
Care and Support Advocates (Care Act) - if you have ‘substantial difficulty’ in being involved in assessments and decisions about your care and don’t have an ‘appropriate adult’ to support you.
Mental capacity means having the ability to understand, retain and use information in order to make and express decisions about your life. Mental capacity can fluctuate and it must never be assumed that someone lacks mental capacity because that could mean depriving them of their rights