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Legal position??

By laura
Fri 28 Mar 2008 01:00

I dont know i this is posted on the correct board, but i need advice.

I am the daughter f a carer, my mum has cared for her mum and her aunt for the past 18 years, although my gran died 8 years ago my nana is still going strong, however, in the past 2 years my mum has began to suffer terribly from depression etc.

It has got to the stage now that we actually fear for her mental state and believe if it continues my mum will have a complete breakdown.

The social services have now stepped in and put my Nana in respite, however, they have told my mum it is only for 2 weeks and then she HAS to take her back.
When we took my nana to the care home they said they were told 2 weeks to permanent and that my mum did not need to take her back.

My mum is in Sth Lanarkshire, so falls under Scots Law and the only documents i can find relate to English law and carers rights.

I was of the impression that now that my mum is no longer fit or capable of looking after my nana that it was the social works job to step in?

Had my mum not stepped in 18 years ago they would have had to look after them for that length of time, but now my mum needs to get her health back or we will be burying her before my nana.

What is the truth?
How do we do it?

My brother even told the social work that my mum would not be ft to take nana back at which point the social worker said that it would then be up to the family to care for my nana.

I live 450 miles away, Nana requires 24 hour attention, she is not an invalid but cant handle being left in the house alone, is too frail to use the kitchen (she is 94) and is deaf. My mum gave up work to care for them 18 years ago and I would need to do the same.

Please help

Laura

Replies

By Mia
Re: Legal position??
Fri 28 Mar 2008 08:39

No wonder your mum's exhausted and depressed. That's a long haul. I'm a Scot, but living in Australia, so don't know if things are the exact same over there, but respite means that they will take your nana off your mother's hands to give her a break. Two weeks is about the longest they take them, then you have to take them back. This time is only to try to give the carer a break so that they are fit to look after the person again.

To put her into a nursing home over here, we have to have an ACAT assessment done. This is done each year and must be kept up to date. You must have this assessment before the person given care can be put onto a waiting list to enter a nursing home. It depends on how long the waiting lists are as to when she will be admitted.

My advice is to get your mother to go to her doctor. Doctors here will often put the person being cared for into hospital if the carer is becoming ill. I was at the end of my tether previously, and my mother was kept in hospital for three weeks to give me a break. The social workers working in the hospitals will then try to get the person transferred from hospital directly to a nursing home as an urgent case.

Don't know if it's the same over there, but you could make enquiries about that with your doctor.

Best wishes,
mia

By Dawn Raider
Re: Legal position??
Fri 28 Mar 2008 20:26

Sure: please get advice from your local carers centre:
If its your nan's house, if she is able to make a decision, she has a right to go back to her own home, with or without a carer.
If your mother is the owner, or tenant, she gets to choose who lives there, and can refuse to have nan back.
No carer has a duty to care - that would be silly. Of course carers can get sick, and they can also say enough is enough. However, sometimes that means moving away - thats where it gets very tricky.
Usually though social workers will respond well if you are firm enough. The truck is to be VERY firm about what you want - they always get it eventually.