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Can someone be forced into a nursing home?

12 replies

wandathealien · 24/07/2018 11:05

My relative is currently in hospital they need around the clock care and it has now been decided they will go into a nursing home.
Their partner is against this and wants them home. Can they be forced to go into a nursing home or can care be arranged at home?
Both relatives are elderly
The poorly relative has cancer but the issue is mobility due to bad legs from childhood illness.

OP posts:
AvocadosBeforeMortgages · 24/07/2018 11:16

Care can be arranged at home, but unless they are able to pay privately it may be insufficient to meet needs.

Does the patient have capacity? You may like to look at power of attorneys for them both.

user1457017537 · 24/07/2018 11:21

You used to have the right to be cared for in your own home if you were disabled. Part of the Disability Discrimination Act I think.
Local Authorities and Social Services has to help fund care. I don’t know if this is still the case I would get expert advice.

wandathealien · 24/07/2018 13:54

Thank you, user that's Interesting I'll have to look into that as he's disabled with mobility car etc

OP posts:
Bombardier25966 · 24/07/2018 14:00

You used to have the right to be cared for in your own home if you were disabled. Part of the Disability Discrimination Act I think.
Local Authorities and Social Services has to help fund care. I don’t know if this is still the case I would get expert advice.

The DDA is no longer in effect. Even when it was, there was no right to home care. Please be careful posting such misleading information.

Social care and funding is a complex area. Is this palliative care? Is it nursing care that is needed or assistance with personal care, washing, toilet needs etc? Does the gentleman have funds/ assets?

Xenia · 24/07/2018 14:59

Can they afford care at home even just for 3 days? If so they could show the authorities they have arranged nursing care with XCYZ agency, get the relative out back home and then cancel the nursing care after a fwe days having placated the authorities (IF but only if they really think they can manage at home between them).

user1457017537 · 24/07/2018 15:42

Bombadier how am I posting misleading information, I suggested getting expert advice. For your information, we used this right to get help with care for a family member who was disabled, although as I said I don’t know if it is available still. In my experience you are not always told what help you are entitled to and unless you work in the area of social care it’s a minefield.

wandathealien · 24/07/2018 18:57

It's personal care more than anything as he used to rely on crutches but he's no longer strong enough to get himself up etc so would need help getting out of bed and personal needs

OP posts:
kentgal · 27/07/2018 23:14

Who decided they go to a nursing home? Are they able to make their own choices and decisions about their care? Have they been assessed by the discharge team?

PeterPiperPickedSeaShells · 27/07/2018 23:18

Does the patient have capacity to make their own decisions? If there is any doubt about capacity, it may be worth asking for a formal capacity assessment to be carried out

CherryPavlova · 27/07/2018 23:27

There are complex issues here. Is it for ongoing rehabilitation- step down from hospital until they are well enough to go home? Some trusts fund what were called intermediate care beds for short term use to free up hospital beds.
If they need around the clock care, it is unlikely a local authority domiciliary care package would suffice. It’s not clear why he needs round the clock care if it’s just help getting up.
If they lack the capacity to decide where they should live, a best interest decision will have been made. This should have been in consultation with family members. It might involve an IMCA from the local authority and social workers who have completed the assessment.
Who do you think is ‘forcing’ them to go into a care home? It can’t be arranged without consent or a best interest decision which must be recorded.
I suggest there is a lot missing from the information and you might want to ask the ward sister to sit and explain the decision making process.

AJPTaylor · 29/07/2018 06:21

my friends elderly father in law refused nursing home care. he had cancer and was basically bed bound for a year. he had carers 4 times a day (the max available with council funding) and lived alone. all the relatives felt he should go into care ( he was not a nice dad so no one was really even much on speaking terms). but nobody could make him and he had all his marbles to the end so nobody could force him.

sillyswimmer · 04/08/2018 13:01

Can they afford care at home even just for 3 days? If so they could show the authorities they have arranged nursing care with XCYZ agency, get the relative out back home and then cancel the nursing care after a fwe days having placated the authorities (IF but only if they really think they can manage at home between them).

Be really careful if you try to do this. The care agencies are wise to it and you can be stung for a huge bill. They're set up to protect themselves from this scenario, and for people who go on holiday and use a care agency to look after elderly relatives then cancel when they get back. Most will have a minimum contract. The one we signed for my Mom was 6 weeks. If we broke the contract we would be liable for £600 fee, plus fees for hours used.

Have social services carried out a home assessment? If not, make this a priority. They will also be able to advise of funding and what can and can't be paid for. My Mom is above the savings threshold but they still gave us advise, including applying for attendance allowance.

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