Monthly Archives: September 2017

Focus on Dementia Report: Prevention, Slowing Disease and Precautions

Focus on Dementia Report 2016.

The Focus on Dementia Report says that Alzheimer’s drugs prescriptions are six times higher than a decade ago.

HSCIC reports that the number of prescriptions dispensed in England for approved medicines to treat Alzheimer’s increased from 502,000 in 2004 to 3 million in 2014. The cost to the NHS of prescriptions for Alzheimer’s disease medicines dispensed in primary care stood at £45.7m in 2014. This was up from £42.8m in 2004, but down from the high point it reached in 2011 of £110.8m.

Worse still, the proportion of people who had a diagnosis of dementia in their GP record rose from 643 per 100,000 people in April 2014 to 755 people per 100,000 in December 2015. That is a jump of well over 17%. Ingrid McCleave, Head of Legal at Eastbourne Law Solicitors says “a diagnosis of early stage Alzheimers does not necessarily mean that it is too late to put sound Legal Planning in place.  If it happens to your or a loved one, and they have not taken proper legal precautions, please do call us at the earliest possible moment.” (01323 406299.)

The statistics are published today as part of the Focus On Dementia report from the Health and Social Care Information Centre (HSCIC), pulling together in one place for the first time a range of information on dementia including statistics on diagnosis, prescribing, social care, mental health and lifestyle trends. The report also shows:

For those over 65, the highest rate of diagnosis is in the South of England, closely followed by the North. The Midlands is a further 9% or so lower. London has a diagnosis rate almost 40% lower than the South. I haven’t had the time to find out why the figures are so wildly different but for those of you with more time, I do recommend reading the Focus on Dementia report, which was issued in January 2016.

39 percent of carers who looked after someone with dementia spent 100 or more hours each week doing so in 2014/15. Over half (51 percent) of carers had been in this role for more than five years.

Responsible statistician Jonathan Hope said: “Our ageing population means that the way we diagnose, treat and care for people with dementia will be increasingly important to many of

Stephen Pett of Eastbourne Law solicitors added “The report in effect emphasises the urgent requirement for both types of Lasting Powers of Attorney as part peoples Legal Planning is sadly rising.  There can be no excuse for recommending only the Property and Financial Affairs Lasting Power of Attorney and not the Health and Welfare one as well.

That is why we offer significantly reduced fees when clients have both types prepared at the same time. The Court of Protection is not keen to allow others to take Health and Welfare decisions where the person concerned has not made provision.  So Social Services tend to have the upper hand.”

See also ways of reducing the risk of Alzheimer’s.

Office of the Public Guardian

Office of the Public Guardian Lasting Power of Attorney.

The function of the Office of the Public Guardian is to protect people who don’t have the ability to make their own decisions (i.e. lack mental capacity). It maintains the registers of Lasting and Enduring Powers of Attorney and also of court orders appointing Deputies.

To make a Lasting Power of Attorney with professional help, go here.

What the Office of Public Guardian does.

The Public Guardian is an individual who works with the Office of the Public Guardian. Their job is to protect people who lack the mental capacity to look after themselves. They do this by:

  • registering Enduring Powers of Attorney and Lasting Powers of Attorney.
  • supervising deputies and working with other organisations such as social services (if the person who lacks capacity is receiving social care).
  • instructing Court of Protection visitors to visit people who may lack mental capacity and the people who make decisions on their behalf.
  • reviewing reports from deputies and attorneys acting under a Lasting Power of Attorney.
  • investigating concerns about how attorneys and deputies are acting, including making reports to the Court of Protection.

Asking for information from the Office of the Public Guardians registers.

You can search to see if there is a registered Lasting Power of Attorney, Enduring Power of Attorney for someone you are concerned about. You can also search to find out if there is a deputy acting on their behalf.

To apply for a search you need to complete the ‘OPG100’ application form. You will need to send your completed form and cheque to:

Office of the Public Guardian.
PO Box 15118
Birmingham
B16 6GX.

You do not have to pay a search fee if you are one of the following:

  • a registered health care professional (such as a doctor or nurse).
  • a representative of a public authority, for example a local authority or the police.

Information you will get from a search of the registers

If you make a search of the registers you will be told things like:

  • if there is a deputy looking after the vulnerable person.
  • If there is an Enduring Power of Attorney or Lasting Power of Attorney in place, and the date it was made and registered.
  • The case number it has been given.
  • Names of the donor, deputy or attorney.
  • Date of birth of the vulnerable person.
  • Any conditions or restrictions on the Lasting Power of Attorney, Enduring Power of Attorney or deputy order (but not specific details about them.)
  • The date the Lasting Power of Attorney or Enduring Power of Attorney was cancelled (if it has been cancelled).
  • The date the deputyship order expired or was cancelled (it has expired or been cancelled.)

Second tier search – if your first search doesn’t meet your needs

If the information you receive following a search does not meet your needs you can make a more detailed search. This is called a ‘second tier search’.

A second tier search will provide more information about the donor or the person who has a deputy acting for them than the first search. To do this you must first write to the Office of the Public Guardian with the following information:

  • the name of the donor/person the order is about.
  • The specific information you need and the reason you need it.
  • Why you have been unable to get the information from the person themselves.

You can write to the Office of the Public Guardian at this address:

Office of the Public Guardian
PO Box 15118
Birmingham
B16 6GX.

The Office of the Public Guardian will consider your application before deciding whether to release more information. This will depend on things such as:

  • Your relationship to the person.
  • The information you are requesting.
  • Why you wish to access it.

You don’t have to pay an extra fee for a second tier search of the registers.

For information concerning the Office of the Public Guardian for Scotland, click here.  

Office of the Public Guardian Lasting Power of Attorney

Pensioner Removed From Home Illegally – No LPAs In Place

Social Workers Error Costs Council

This is the horrible tale of a pensioner removed from her home illegally by Social Workers with no authority whatever, and against her families’ wishes. What is even more frightening is that many solicitors and other legal advisers recommend that people only take out the Property and Financial Affairs Lasting Power of Attorney.

They say that the Health and Welfare LPA is unnecessary, but it is the very one which gives your family some control over where you live, who you see and both medical and religious matters, should you lose the ability to make your own decisions. It is not nice for your family to be sidelined when they know what is best for you and Social Workers and lawyers (who may end up in charge) do not have that personal insight.

We think they are crucial, though we do agree that the Property and Financial Affairs one is the best one to start with if you can’t afford both.

Here is part of MK Webs report:

“The son of a frail pensioner with dementia is to receive more than £80,000 from Milton Keynes Council after social workers removed her from his care – an unlawful action branded “deplorable” by a judge.

The six-figure sum is to cover the legal bills of the son and carer of the dementia sufferer – named only as X –  who was removed from her home  – for 19 days the son was not told where his mother had been taken.

As MKWeb previously reported in May the council was hammered by a top judge for unlawfully removing the pensioner from her devoted son’s care due to social worker’s concerns about her welfare.

At the Court of Protection yesterday (Thursday, October 9) District Judge Paul Mort ordered the council to pay the full legal bills of the son, a move the council had fought, arguing it should not foot the full amount.”
Read more: http://www.mkweb.co.uk/Milton-Keynes-Council-ordered-pay-80-000-taking/story-23088475-detail/story.html#ixzz3Frc4cuFP 

One thought on “Social Workers Error Costs Council”

  1. Post author
    This one from the Dail Mail:Council went to court to have autistic man taken from his parents… then he died after choking in the care home it forced him into.

     Mark Bailey choked on a piece of meat in Choices care home, Staffordshire
     The 40-year-old autistic man was removed from his family home in 2011
     He was placed at the specialist care centre in October 2012 when his condition deteriorated
     But he died in June 2013 when he choked on the meat and suffered a heart attack and brain damage
     His parents, Sheila and Charles, claim their son would still be alive if the family court ruled in their favour
     Mrs Bailey, 75, said: ‘The social services through the council have destroyed our lives’

    Read the full story of how the family lost control on the Daily Mail site