A moral conundrum

[Warmfuzzies]

What if, a person in a home, with dementia, requests a solicitor to be summoned, but the home refuses to assist; what would you do.
For the purposes of this hypothetical situation, family are not to be involved.

[TooLateForAName]

Any power of attorney in effect?

[Warmfuzzies]

No POA in effect

[All that jazz]

More details needed.

[Bill]

Warmfuzzies said:

For the purposes of this hypothetical situation, family are not to be involved.

Why not?

If the person has dementia and lacks the capacity to make those sorts of decisions, then the home is right not to call a lawyer. I've known people with dementia make all sorts of demands (like calling the police) that aren't warranted.

The obvious alternative is to let the family know.

[Warmfuzzies]

Details are sparse for obvious reasons on my part, however family at this point cannot be involved in the solicitor process.

[Drumroll]

A question like this is really specific to the person with Dementia. By that I mean Dementia takes different forms and effects people in different ways. You would need to know the person, to be able to answer that question, especially as the OP is being very vague.

[InitialDave]

Warmfuzzies said:

What if, a person in a home, with dementia, requests a solicitor to be summoned, but the home refuses to assist; what would you do.

I would avoid seeking any kind of legal advice, and post a vague thread on a motoring forum.

[Warmfuzzies]

Drumroll said:

A question like this is really specific to the person with Dementia. By that I mean Dementia takes different forms and effects people in different ways. You would need to know the person, to be able to answer that question, especially as the OP is being very vague.

Understanding,yes. The person wishes to see a solicitor, but it is appearing as though they are not being supported in that wish; as an external observer, what do you do? Hence the moral conundrum; you have to presume that the observer understands the situation with all parties involved,

[Warmfuzzies]

InitialDave said:

Warmfuzzies said:

What if, a person in a home, with dementia, requests a solicitor to be summoned, but the home refuses to assist; what would you do.

I would avoid seeking any kind of legal advice, and post a vague thread on a motoring forum.

Thanks for the complete and unique answer,

[All that jazz]

Drumroll said:

A question like this is really specific to the person with Dementia. By that I mean Dementia takes different forms and effects people in different ways. You would need to know the person, to be able to answer that question, especially as the OP is being very vague.

^ Exactly this, hence my 'more details needed' post. My Old Dear was diagnosed with dementia but on occasions she was fully "with it", however that didn't stop her carers consigning her to the loony bin and refusing all requests. Luckily I was still around for her and obviously having known her all my life, knew when she was talking rubbish or was having a "with it" moment or two and act accordingly.

[All that jazz]

What does she need to see a solicitor for? It could be because of mistreatment by the care staff... which would/could perhaps explain why the care staff are refusing her requests. Impossible to advise without more specific details so either provide some or go seek legal advice from a professional as suggested by someone else!

[Riley Blue]

Warmfuzzies said:

Details are sparse for obvious reasons on my part, however family at this point cannot be involved in the solicitor process.

If you're not a family member, I'd say this is not your decision. Until or unless you can disclose more information I doubt you'll get any meaningful advice.

[InitialDave]

Warmfuzzies said:

Thanks for the complete and unique answer,

You have not provided anywhere near enough detail for a decision. How bad is their dementia? Do they do this every day, twice on Sundays? Have they never, ever done anything like this, and found out ten minutes ago their neice is trying to do them out of their estate?

There's a huge number of possible factors that could steer someone to "get them someone NOW" or "pat on the head and cup of tea, I think".

I mean, let me ask you: Someone is stood in the road ahead of you. Do you brake before you hit them?

Edited by InitialDave on Thursday 6th October 20:51

[littleredrooster]

Warmfuzzies said:

Thanks for the complete and unique answer,

Thanks for the concise OP on which to base any kind of intelligent response...

[Warmfuzzies]

Riley Blue said:

Warmfuzzies said:

Details are sparse for obvious reasons on my part, however family at this point cannot be involved in the solicitor process.

If you're not a family member, I'd say this is not your decision. Until or unless you can disclose more information I doubt you'll get any meaningful advice.

This is my viewpoint, however some with a different moral standpoint feel differently; and it's difficult to encourage them to see this perspective
The vagueness is deliberate, but I am testing my theory of non interference.
Essentially the home know the reason for the request, but refuse to have any involvement or comply with any requests, no care home staff have performed any ill toward said person

[pinchmeimdreamin]

Sorry OP who are you?

[All that jazz]

Stupid thread.

OP : Hai, I'd like your advice on this situation but I'm not going to tell you what it is.
PH : ...

Mods please delete thread.

[Warmfuzzies]

All that jazz said:

Stupid thread.

OP : Hai, I'd like your advice on this situation but I'm not going to tell you what it is.
PH : ...

Mods please delete thread.

Then don't comment, move on please.

[Jasandjules]

Warmfuzzies said:

What if, a person in a home, with dementia, requests a solicitor to be summoned, but the home refuses to assist; what would you do.
For the purposes of this hypothetical situation, family are not to be involved.

I would contact the solicitor and ask them to attend, subject to circumstances (i.e. is it a will or POA required or what). I would also be mindful I may end up footing the bill for attendance..