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Can social services use force to move Alzheimers patient? - Carers UK Forum

Can social services use force to move Alzheimers patient?

For issues specific to caring for someone with dementia.
If an Alzheimers patient has been found to have insufficient mental capacity, and a best interests decision has been made to move them to a care home, do social services have the legal power to physically force a move if the patient resists the idea? Is it first necessary to section the individual, or are there other circumstances where force may be used?
Hello Ian

I don't think that is a question that we are properly qualified to answer and suspect that you really do need to speak with a solicitor about the Mental Capacity Act and Deprivation of Liberty in relation to this particular case. It's also a question that our own help line team should be able to give you some advice on, so maybe contact them first.
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Ian, welcome to the forum. What I find most worrying about your post is that you are clearly concerned about the individual concerned by no one has been bothered to explain what the procedure is, why it's needed, etc. etc. Are they just acting as God and over riding the wishes of relatives?
If a situation has changed, the person concerned should have a new Needs Asssessment, there should be an updated Carers Assessment, and both might be entitled to independent advocates if they are having problems in getting their wishes heard. Has ANY of this happened??!!??
bowlingbun - I had originally thought to include a full explanation of the story so far, but decided to abbreviate it to a succinct question so that my purpose of question did not get buried in the other issues (and there are many!). I have found so often when asking questions in forums that the feedback relates to everything but the question that is being asked.
Hi Ian, that's fine. The helpline will give you a full detailed answer, but if you email them you may have to wait a few days for a reply. My comments were further things to consider, no need to answer.
Great question! Better seek for a legal counsel before moving step forward.
Ian, if the person concerned is relying solely on DWP Income related benefits, then he/she will be entitled to Legal Aid. I've just arranged this for my son with learning difficulties. To find out if they qualify, Google "Legal Aid Solicitor" and the name of the town or county where you live. These days, not all solicitors are allowed to deal with legal aid cases, they have to have special approval.