I contacted you previously about applying for H&W deputyship. During our Best Interests meeting with social services last week we were advised to apply for it.
My dad and sister sat down to fill in the forms yesterday and informed me of the following:
"Dad and I called the Court of Protection to get some advice, interestingly Dad was told that as he is our brothers next of Kin he doesn’t require Health & Welfare Deputyship as he can override any refusal to do tests have treatment etc… if there was a conflict or absolute refusal by staff, GP, Dr, Dad could get the court of protection to override it and grant it within 2 hours of Dads request in an emergency.
As Dad puts it so well “I got the last word and if a decision is disputed, I can get it overruled by the CoP within 2 hours”
Dad spoke about our brother and his vulnerability, lack of capacity and family health issues etc…
He was asked who recommended the Health and Welfare, told them it was Social services! - he was told that social services often make this recommendation and its refused
He felt it would be unlikely to be approved by the judge. It often isn’t."
Our family are trying to move my brother to a residential care home closer to family as we feel his current home are not providing for his needs. He lacks mental capacity, has severe LD’s, autism, and functions at the level of a toddler.
Dad already holds my brothers Financial deputyship. As well as social services telling us we should apply for H&W, he care home we hope to move him to also told us to.
This is real headache stuff!
Do you or anybody else have any advice on this please?