Deprivation Of Liberty Safeguards (Dols) Policy. What Rights Do The Relatives Have?

[arwyn]

A hospital have obtained a Deprivation of Liberty Safeguards (DoLS) Policy on my father in law to stop him from discharging himself. They've told us it has also taken away all our rights. They say he'd be in danger if he went home to live alone. They family plan 24 hour care worked between us all.

They said that they will now decide where he goes when he leaves the hospital.

Father in law has delirium, brain scan was clear. He has no infection that could be causing it. It's called delirium until the cause of the confusion is found and they can't find a cause.

He has Chronic Lymphocytic Leukemia (CLL) and Heart failure and wants to die at home.

All treatment for the CLL has been stopped as through the Heart Failure he has a lot of fluid on his legs and lungs hence why he was admitted. The lungs have improved greatly by uplifting his diuretic medication.

The delirium has made him talk rubbish and he often shouts at the nurses to ask where he is. He swears a lot also.

He's much calmer when there's someone with him that he knows.

So can anyone help by tell me what our right are. TIA

[woofgang]

I see you have had no answers so I will do my best. Relatives have no “rights” over what happens to their adult relatives unless the relative has given them a power of attorney, specifically a Health and Welfare Lasting Power of Attorney. A DoLS is not an easy option. Speaking from both sides of the hospital/reli issue, I know that things can get stressful all round in such circs. Can I suggest that you speak to the PALS service at the hospital (patient advice and liaison service) and also give Age Concern a call. Both should be able to give you advice on how to deal with this and to achieve what is best for your father.

[Barmaid]

Your FIL should under the DOLS procedure have someone appointed to represent his rights. Has he?

I think you probably ought to see a lawyer asap (either solicitor or direct access barrister).

These are quite complicated cases and the devil is always in the detail.

[Barmaid]

I cant be certain but it seems to me that this might be an appropriate case for fast tracking to the Court of Protection. If the family have a care plan in place, he is more settled at home and has expressed a wish to die there, this ought to be a serious consideration for the CoP Judge.

[gness]

My recent dealings with my the DoLs social worker was unsatisfactory in the beginning....the details are different so you don't need to hear them.

But...one thing they did insist on is that the family chose one member to be appointed as a representative of the person concerned and DoLs would appoint a dedicated social worker to liaise with that family representative over matters concerning the person concerned.

[arwyn]

Thank you guys, some good advice there.

The first Dols we agreed to as FIL would have left and probably have died before he got home as his lungs were so full of fluid.
My husband's name was put on it as he's next of kin.

The ward has just renewed it and I'm not sure whose name got put on it. We were just told it was renewed.

He's confused and has had 3 different beds which makes him worse as he just learns where the loo is and he's moved again. This is day 14 and they've never bothered to shower him. I'm doing his washing so know he's having bouts of incontinence during the night, mainly because he struggles to get there in time on his own.
One night they lost him, for how long we'll never know as it took them 20 minutes to find him. He was in their store cupboard looking for juice and could have drank anything if he'd decided to.

The ward they have him on is a rehabilitation ward, which would be great if he was going to live any length of time, but he isn't.

The day he was admitted he was lucid and refused to go to our local hospital as he was in there a year ago and hated it.. So he's now under a different trust to the one we live under which is causing more chaos. We tried getting him transferred and this was refused as the hospital he's in have to agree and they won't.

No we don't have power of attorney

Thank you everyone xx

[gness]

What a mess, Arwyn. Barmaid is best for legal advice but I know that your husband must be given a copy of the DoLs report.

DoLs appointed my brother as representative as they can't appoint more than one family member but we asked that both my brother and I receive copies of all decisions made by DoLs, and we do.
Be polite but insistent......x

[arwyn]

Thank gness. I'll get a copy of the Dols xx

[Buenchico]

This might help you to understand the legislation and safeguards more clearly:
http://www.ageuk.org.uk/Documents/EN-GB/Factsheets/FS62_Deprivation_of_Liberty_Safeguards_fcs.pdf?dtrk=true

[arwyn]

Thank you Buenchico xxx