Page 8 - CL winter 2023 for web

legal

Support to stay together at home

Good social and legal work meant an elderly woman was able to Coventry City Council’s behest.
remain at home, cared for by her son, despite them both having The court made a declaration that
the woman lacked capacity to
hoarding disorders and support needs, reports Belinda Schwehr make decisions on her care,
residence and litigation.
The official solicitor – who acts for
those who lack capacity and cannot
act for themselves – represented
recent court of attorney status for his mother’s AC’s interests in a challenge to a
protection case property and affairs. Deprivation of Liberty Safeguards
has highlighted An order had stipulated that GC (DoLS) authorisation under the
how positive left the home while it was being Mental Capacity Act 2005. DoLSs
social work made safe and clean. protect people who cannot consent
combined with GC had litigation capacity. to care arrangements if these
o
A d legal However, he was assessed as deprive them of their liberty.
o
g
support enabled a 92-year-old lacking capacity to make decisions
woman to be cared for at home in about his own and AC’s financial Care at home trialled
line with her wishes. affairs and about his own and his AC consistently expressed her wish
The case (Re: AC and GC) mother’s belongings. to be cared for at home. She had
involved Her Honour Judge lived in her house for 40 years and
Clayton supporting a trial period wished to die there. She missed her
of care at home instead of son and her cat Jasper.
residential care for the woman, An order had stipulated The local authority did not
who had Alzheimer’s disease, that the son left the support a trial period of care at
alcohol-related brain damage and a home because of the high risk of
compulsive hoarding disorder. home while it was being care breaking down and the likely
AC had been living at home made safe and clean distress that would follow.
in Coventry with her son, GC, The judge disagreed: “A trial of
who was also her carer and sole care at home is not without risk
attorney for property, affairs, health but, on the evidence before me, it
and welfare. is a manageable risk and one which
GC had Asperger’s syndrome, In February 2022, AC was taken should be taken to try to afford AC
anxiety, obsessive compulsive to hospital by the emergency the opportunity of returning to her
disorder, a hoarding disorder and services, who were concerned home, in improved circumstances,
depressive episodes. about the state and poor sanitary and with the hope and expectation
Back in December 2021, the conditions of her home. that it will continue to improve in
court had suspended the son’s She was discharged from hospital the coming weeks and months…
lasting power of attorney for health to a care home through a court “I could not be satisfied that a
and welfare but he retained order made in her best interests at final placement at the care home

Comment: sensitivity and therapy allowed son to keep caring

his case reflects that, her husband – his father – had herself the importance of her input he had received for a
while none of us imagines died. However, his own relationship with her son as long time – and, because of
Tourselves at risk of difficulties eventually well as her deep desire to this, could deal with the
neglect or harm from those we undermined his ability to remain at home. conditions required to get his
love and who care for us, their continue caring for his It was significant that the mother home.
own difficulties may affect their mother alone. son found the therapy It is worth remembering that
caring efforts and our wellbeing. The court showed sensitivity worthwhile – the attention counselling can be bought
The woman’s son had given to the issues in this case. The and help of a skilled therapist under the Care Act if the NHS
up his job to support her when judge visited AC, learning for was possibly the only will not pay for it. n
n

8 Community Living winter 2023 vol 36 no 2