Care Home or Confinement? The Importance of the Right Lasting Power of Attorney

2020 will certainly be a year for the history books of future generations. There have been many enlightening stories throughout the pandemic and the recent case of Ylenia Angeli is one of particular note.

Ylenia’s 97 year old mother has dementia and resides in a care home in the north of England.  Due to COVID-19 having had such a devastating impact on the care home population, care homes have been more or less closed to all visitors meaning families not being able to visit their loved ones.

Ylenia was distraught by the prospect of a further enforced separation from her mother for the second lockdown with no visiting allowed.  She decided to take ‘drastic action’ and remove her mother from the care home to go and stay with her.  The care home called the police and Ylenia was arrested (then de-arrested) and her mother returned to the care home.

Unfortunately, Ylenia only had a Lasting Power of Attorney (LPA) covering finances for her mother and not one for health and care decisions.  It appears that due to her dementia, Ylenia’s mother lacks the mental capacity to decide where to live and therefore may be subject to a Deprivation of Liberty authorisation meaning she must stay at the care home.  This doesn’t mean that she can never leave, but there are procedures to go through to move someone who lacks capacity.

A health and care LPA would certainly have helped Ylenia’s cause however the coronavirus legislation has overridden many normal procedures during the course of the pandemic and any move would have to comply with this legislation.

It is recommended that an LPA for health and care decisions as well as finances is put in place to ensure decisions can be taken by your chosen attorneys in the event you lack mental capacity.

If you have any questions about the issues raised in this article or an LPA for either finances or health and care, please contact Ann-Marie Aston at The Wilkes Partnership Solicitors on 0121 733 8000 or aaston@wilkes.co.uk

  • Ann-Marie Aston, Notary Public, The Wilkes Partnership, Birmingham Solicitors Solihull

    Ann-Marie Aston

    Partner, Court of Protection Lead

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