Capacity or not, sw very conflicting

[Crooklodge]

Fil has been in hospital since december, we still don't actually know why. The backstory of the last 3 years is very complicated and not up for discussion as to where we where, is all fils fault or not as court may decide.

They've been doing assessments as they have done repeatedly over the at last 3 years re dementia (he's a drinker who goes wandering pubs on Monday pension day and ends up all over scotland, can't get home so goes to hospital with chest pain (i.e an utter cunt)).

Been moved to his local rural main hospital and they're keen to discharge (local nurses are probably sick fed up of his stories he's told for 50 years lol), social worker just phoned last week pressing dh to apply for power of attorney right this second and pushing on him that guardianship will take AGES!!!

So ss is Pushing for fil to go into a care home and for dh to apply for poa, sw said fil thought care home would be brilliant and yet til had NO clue earlier on the phone, a poor bugger was sent to one yesterday and he couldn't wait to go home.

Dh is meeting with the sw on Monday and visiting his dad, I cannot go due to bring so far away. How do we approach them 're capacity that seems to suit them?

Sorry I'm finding your OP a little confused. Who has said and when that he lacks capacity on what question? Are you in Scotland?

Take my advice and wash your hands of the whole thing. Your DH doesn't have to take on PoA or any other role if he doesn't want to, and in my view, one of the things that often happens is that the officials want to palm the problem off onto the person's relatives as fast as they possibly can.

Poa takes months and he has to have capacity. The social worker can refer him to the court of protection.

It's worth getting poa if Dad still has capacity to understand it at a basic level...Dad, who would you like to make decisions on your finances/ health care if there ever comes a time when you can't manage it? But if he's not able to cope with that sort of thinking then its too late. I personally wouldn't apply to the court of protection and would let social care take this on, if it wasn't going to be possible to get a poa.

He can’t be forced into a care home against his will unless it is agreed by professionals that he no longer has capacity. At that point he should be subjected to a DOLs assessment, which will mean he can be held securely against his wishes.
a POA isn’t needed for this to happen, just a proactive social worker!

If they think he lacks capacity about accommodation / care I'd be pushing for a best interests meeting where you can properly discuss with social worker / hospital staff. It's a requirement to have a best interests meeting (though sometimes fudged a bit with phone calls / remote if time pressure) in England at least, but I don't think scotlands that different. I would say that you get quite different views re alcohol - some professionals are quite risk averse whilst others feel if it's been a longstanding pattern that it isn't proportionate to look at 24 ht care unless pt consistently in favour

Are you in Scotland? The law is quite different here. If so he would need to appoint your DH as POA and would need currently to have capacity. The sw is right, having POA is a lot easier than applying for guardianship when he loses capacity. Your DH doesn't have to do anything of course unless he wants to.

No best interests meetings in Scotland.

Going back to your title - capacity isn’t an all or nothing thing, you can have capacity to make one decision but lack capacity to make another. And it can vary - today you have capacity, yesterday you didn’t.

https://www.gov.uk/make-decisions-for-someone/assessing-mental-capacity

What’s a DOLs Assessment?

Deprivation of Liberty. When people are placed in a secure home or other placement because they are deemed not to have the mental capacity to make safe decisions for themselves.

I thinknthe social worker is trying to 'fix' stuff. Tbh if they think your FIL does have capacity o give power of attorney, then he could give it to the social worker, if they're so keen. If he doesn't have capacity for that decision, then I presume Scotland also has a Court of Protection. I agree that the latter process is much slower, more expensive and burdensome. But in any case, even if a POA is set up, the decisions are meant to be in his best interests, not what is convenient for the services. I really can't imagine a man whose priorities are drinking and travelling would ever do well in a care home. Better to fall off something under his own steam maybe.

If you are in Scotland be aware that processes and terminology are very different and be wary of any advice here.