Case Studies

Mental Capacity Assessment - COP3 for Application to the Court of Protection for Deputyship Case Study



Rose is a fiercely independent 84 year old woman. Before retiring, Rose worked as a childminder, and having been widowed for many years, enjoyed a close network of friends in her village, and her hobby was crocheting.  After experiencing a significant stroke in 2016, Rose was determined to return home from hospital, and with the support of her loving son, and a large package of care she was discharged home once more.

A team of carers attended four times each day, and her son, Simon supported her with grocery shopping, organising Rose's medical appointments, and looking after her bills.

Rose had two good years of living at home. Despite spending most of her time in a hospital bed in her living room, Rose enjoyed the regular chats with the carers, had regular visits from good friends, and at weekends Simon would also bring her grandchildren. Simon would pop in most days, and the pair would enjoy a fish shop dinner together every Friday.

However in 2019, Rose began experiencing increasing numbers of urine infections. Simon would call round to see her and find her to be confused, anxious or hallucinating as a result of recurring infections. Additionally, the extended amounts of time in her hospital bed, and a loss of ability to reposition herself without the carers, had led to Rose developing some serious bed sores.

In early 2021, Rose had four hospital admissions due to infections and acute confusion in a short amount of time. Treatments for the infections were no longer improving, and it became clear to all that she had lost mental capacity about where and how her care needs were met, and that her needs now exceeded what could be met at home. Rose had never got around to setting up a Lasting Power of Attorney, and consequently the hospital social work team made a decision, in her best interests, to discharge her to a nursing home.

Simon found this period of time incredibly stressful; bills were pilling up at Rose's address, and urgent repairs were required on Rose's property in order to place it on the market to pay the nursing home fees. Without legal authority to deal with Rose's financial affairs, Simon's hands were tied. He couldn’t access Rose's savings to complete property repairs or put the house up for sale. Simon commented how he had wished he had had a conversation with Rose about Power of Attorney.

Simon found a really helpful and supportive solicitor who recommended that he apply to become a Deputy for Rose, with the Court of Protection. Simon simply had to obtain a Mental Capacity Assessment for the COP3 paperwork. Two months later, and multiple emails and phone calls to the GP practice, only to find they were just too busy to help.

The solicitor instead recommended that Rose's case be referred to Thornton & Lee Ltd, who within 48 hours of the referral, completed a face-to-face C0P3 Mental Capacity Assessment with Rose. Simon could finally rest easy knowing that he had got Deputyship and could get all of Rose's financial affairs in order, access funds to repair the property, before placing it on the market for sale.

Simon told us that nothing compared to knowing that Rose was safe and happy in the nursing home, and that he could continue to pay the fees and secure her a place there to live out her days.

Independent Care Needs Assessment and Care Planning Case Study



Tom was an 91 year old RAF serviceman, and had always been a true gentleman who had high standards. After losing his wife Anne in early 2020, Tom had found himself to be increasingly lonely. Once a regular church attender, the pandemic had further compounded his isolation, and he was finding extended periods of time home alone leaving him feeling increasingly sad.

Tom and Anne had been very happily married since meeting as high school sweethearts. But they never had any children. Tom understood full well his financial affairs, however since having a fall and consequential hip repair in late 2020, he was finding it ever hander to practically access his money, and attend to the day to day management of his financial affairs.

Tom did have a short stint of reablement carers attend when he was first discharged home again from hospital after his fall. Tom had noticed how much happier he felt in the company of these carers, and the enjoyment he got from telling them stories of his time in the RAF, and when he first met Anne, and took her dancing.

Tom had observed that without the company of others, he had seemed to have lost his appetite, and had taken to skipping meals, or pushing his dinner around his plate. Consequently, his trousers no longer fitted him, and he didn’t quite recognise the slight frame in the mirror looking back at him.

Since his fall, Tom had found himself too frighted to go to the toilet at night. It was night time when he had fallen before. Tom had been trying to use a bottle at night instead, but with a tremor in his hand this was not very successful. Tom was struggling to clear up any accidents, which Tom commented impacted upon his self esteem and confidence.

Anne had first been diagnosed with cancer nearly 15 years earlier, and she received (in Toms opinion) outstanding support from this period of time from a local cancer charity. Tom had decided that he would like to leave his estate to the charity after his passing. Tom had been in discussions with his solicitor about making a Will, and also setting up a Lasting Power of Attorney with the Solicitor appointed as Attorney.

On the morning of his solicitor appointment, Tom had a near miss fall, and decided in that moment that his wish was to be with people, to enter a care home, to laugh and share hobbies with others once more, and to know that someone was around during the night when he needed them. But how would he find the right care home? Toms sister had been in a dementia care home, and he knew he didn’t want to be in a place like that, not now anyway. Tom didn’t know what type of home would suit him? Or where to start looking with so many types of homes being advertised.

The solicitor recommended a referral to Thornton & Lee Ltd for an Independent Care Needs Assessment and Care Planning. One of our experienced registered Social Workers spent time learning about Tom, his preferences, interests, and his strengths as well as the aspects of his care needs he required support with. We advised that Tom would not trigger for Funded Nursing Care or NHS Continuing Healthcare during there screening, and that a nursing home or dementia home would be inappropriate for Toms needs. On the advice of Thornton & Lee Ltd Tom was recommended a residential placement. Tom was overjoyed to enter an RAF specialist residential home. Now Tom spends his time with other like minded residents swapping stories of their RAF days, he has put on weight once more, is supported to dress in the proud way he always has liked to. Tom now sleeps soundly knowing he has help on hand at night should he need it.

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