#56 The Court of Protection: Experience of a daughter

In this episode it is my pleasure to talk with Mary about how it felt as a daughter to experience the Court of Protection, and what she learned about being an attorney for her Mum. I talk with Mary about what it felt like to experience the Court of Protection, the challenges, the positives and what impact the Open Justice Court of Protection Project had. 

This is the second in a series of three podcasts; previously I spoke with Anna, Mary’s sister about the interplay between Lasting Power of Attorney and Deprivation of Liberty Safeguards. I learned about the circumstances leading to being in the Court of Protection and the interplay between Lasting Power of Attorney and Deprivation of Liberty safeguards.

In the third episode I’ll be talking with Victoria Butler Cole KC who explains the terminology and legal framework that underpin the mental capacity act, lasting Power of Attorney and deprivation of liberty safeguards.

Key messages from guest

• Mary explains how unsafe her Mum was living alone; this led to her admission to a Care Home.

• Mary explains how upsetting it was to be told her Mum’s case was going to the Court of Protection

• The support of the Open Justice Court of Protection Project proved a real help for Mary and her family.

• By the end of the Court of Protection process, and with the support of the Court of Protection, it became more collaborative rather than a “them and us” situation”.

• Not knowing the process was the biggest challenge for Mary.

• Drilling down to Mary’s Mum’s specific needs such as spirituality was a great benefit to emerge from the Court of Protection.

  
  

Resources

• Read Mary’s sister’s  blog for the Open Justice Court of Protection Project: ‘Deprived of her liberty’: My experience of the court procedure for my mum 

• Read Celia Kitzinger’s blog post exploring Anna’s Mum’s hearing: A ‘bog standard’ s.21A case: Anna’s mum

• Social Care Institute for Excellence (SCIE) Deprivation of Liberty Safeguards (DoLS) at a glance

• See Mental Capacity Act legislation: Mental Capacity Act 2005 

• Find out about Deprivation of liberty safeguards: resources  

• Age UK: Factsheet 62 Deprivation of Liberty Safeguards March 2023 

• Find out more about being a Litigant in Person 

• Find out more about the work of the Open Justice Court of Protection

• Find out more about the Deprivation of Liberty Safeguards for Families Edge training that Anna, Mary’s sister, attended

Bio

“Mary” is a family member and her Mother has Alzheimers. The family found themselves in the centre of a Court of Protection hearing regarding application of a Lasting Power of Attorney (Health and Welfare) and Deprivation of Liberty; we are using a pseudonym to comply with the Transparency Order associated with the case. 

“Mary’s” sister “Anna” is campaigning for greater public awareness about the intersection between Lasting Power of Attorney and Deprivation of Liberty.