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Avoid elderly "snatch" by state - make a Health and Welfare LPA
Betty Figg, Private Client, Protection, Carers, Lasting Power of Attorney, Solicitors, St Austell, Truro, Exeter, Devon and Cornwall, Stephens Scown,

Contact the Private Client Team

 

Exeter Office

Tel: 01392 210700           Email us

St Austell Office

Tel: 01726 74433             Email us

Truro Office

Tel: 01872 265100           Email us

In April 2009, great-grandmother Betty Figg was snatched by social workers against the wishes of her daughter, her former carer. 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 for by her daughter in a specially converted room, in her daughter's home.

Could this happen to you and your family?

There is a way that it can be avoided: if you give a health and welfare lasting power of attorney to a family member social services are prevented from making care decisions.  Without this document, social services can make decisions on behalf 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.

Stephens Scown solicitors, of Exeter, St Austell and Truro, have solicitors who are members of Solicitors for the Elderly. Solicitors for the Elderly is a national organisation of lawyers, such as solicitors, barristers, and legal executives who are committed to providing and promoting robust, comprehensive and independent legal advice for older and vulnerable adults; their family and carers.

Stephens Scown Solicitors are encouraging all older people to plan ahead and make a health and welfare lasting power of attorney.   This is a legal document which allows a person with mental capacity to appoint others to act on their behalf if they later lose mental capacity and health or welfare decisions need to be made. The health and welfare power can only be used when the person making the power lacks mental capacity to make the decision.

‘It is an important document and sensible to get 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 made the power.'

If you would like more details or information, please contact the Private Client Team at either our Exeter, St Austell or Truro office.