My husband is on section 117 and I have lasting power of attorney for both health welfare and financial
He has to leave his current care home the social worker is saying social services will decide on a care home I am prudent seeking home with either sane or less fee than current home can social services decide if I hold an LPA?
Your husband’s s117 would be jointly funded by your ICB&LA. Your LPA should be acknowledged with respect to the move ( uncertain if this is at the provider’s request9 not able to me his needs/) or other). Be careful if location of new home is out of area or further away from you and transprt may be a problem.
I have deputyship for my sister as she was unable to give me valid informed consent due to her rare dementia.
Bottomline they need to speak to you as a equal partner.
Hello Carole,
If your husband (the donor of the LPAs) lacks capacity to make the relevant decisions, you are in effect standing in his shoes as decision-maker. The donor has entrusted the attorney/s to be their decision-maker/s in those circumstances.
This doesn’t mean you have carte blanche to choose whatever resource you want, as you will have exactly the same constraints (mainly financial) as he would have if he had capacity. The local authority needs to be clear on your role and authority.
You need to be clear whether the residential care is part of the s117 aftercare. It should be made clear in the s117 care plan, but often there is no specific care plan and/or it’s not made clear. If it is part of the aftercare, you are probably aware that he can’t be charged for the placement.
In addition, if the accommodation is part of the s117 aftercare, he (through you as attorney) can make a top-up to finance a more expensive placement. This is in the Care Act care and support statutory guidance Annex A (para 39: ‘first party top ups’)
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Hi Carole,
The LA have base lines which to follow in regards provision of service as to costs. However, they cannot decide independently of you and outline that your husband will go to a given care home. They need to consult you on the basis you are the spouse and you hold LPA.
Most LA have contracts with homes for block beds at cost prices. At times they can negotiate with a particular provider via commissioning/procurement for a fresh provider. You have rights juxtaposed to the LPA:
Care homes: consumer rights for residents and their families - GOV.UK (www.gov.uk)