Click here for full details of the guidance.
The care sector is playing a vital role in accepting patients as they are discharged from hospital or indeed from a home setting. Some of these patients may have COVID-19 whether symptomatic or asymptomatic and details are provided within the guidance for care providers to safely care for these patients.
Duties and powers under the Mental Capacity Act 2005 still apply during this period.
If it is thought that a person may lack the relevant mental capacity to make decisions about their ongoing care and treatment, a capacity assessment should be carried out before a decision about their discharge is made. If there is a Health and Welfare Lasting Power of Attorney in place, the attorneys should be consulted and, subject to restrictions within the Lasting Power of Attorney, will have the legal authority to make decisions regarding ongoing care and support and particularly, should their loved ones health deteriorate, decide whether it is appropriate for the person to be admitted into hospital or nursed at Home or within a Care Home
Our solicitors are monitoring guidance issued by the Department of Health and Social Care on the use of the Mental Capacity Act 2005 and Deprivation of Liberty Safeguards during this emergency period.
These are unprecedented, challenging times and we have therefore, set up a dedicated care law support line should you require support and guidance.
Moore & Tibbits would like to give our sincere best wishes and thanks to all those providing critical services at this time.
Please call our dedicated Care Law Support Line: 01926 354704
For further legal updates, please see our website for further information.