Pictured above: Fiona Debney - Challinors
The recent case of a great-grandmother being 'snatched' from her
home by social workers and police is a stark reminder to us all
about doing all we can to retain responsibility for the care and
wishes of loved ones, says Fiona Debney, a Partner at Midlands law
firm Challinors.
"In April, great-grandmother Betty Figg was snatched by social
workers against the wishes of her daughter, her former carer,"
explains Fiona, a member of the Solicitors for the Elderly (SFE), a
national organisation of lawyers that is committed to providing and
promoting robust, comprehensive and independent legal advice for
older and vulnerable adults, their family and carers.
"Social workers arrived with police and a battering ram to
remove the 86-year-old woman suffering from dementia from her
daughter's house. The media quickly spread pictures and video
footage of Betty being taken from the house in her wheelchair with
a towel thrown over her head.
"It seems social services did not agree with Betty's daughter
that it was in Betty's best interests to be cared by her daughter
in a specially converted room, in her daughter's home."
Fiona says that this terrifying situation could happen to any
family caring for a loved one, but that it could be avoided: "By
giving a health and welfare Lasting Power of Attorney to a family
member, social services are prevented from making care decisions.
However, without this document, social services can make decisions
on behalf of a vulnerable person, if they think they lack mental
capacity and believe it is in their best interests. They do not
have to follow what the family want and cannot be liable for their
decisions.
"I would encourage all older people to plan ahead and make a
health and welfare Lasting Power of Attorney. Not only is it an
important document, it also serves to focus the mind and seek
advice about the choices you have. What happened to Mrs Figg may
never happen to you, but if it does, you and your family will be
glad you took control."