Mental capacity can husband be made to stay in respite care?

My husband, 67, three strokes last year, went into respite care for a week, still there over two weeks later as it has been extended. He tells me he wants to go home. Social worker saw him on his own, care worker rang to say that the assessment was still being done. Can I take him home? I was doing the five basics myself. (pills pads wash clothes food)

Hi @kyberpast, have you tried speaking to his SW to establish what’s happening with your husband and why they’ve extended his respite care? Things to consider here:

Have the strokes affected your husband’s mental capacity?

What were the reasons he went into respite care, have these been resolved?

Do you have Power of Attorney for your husband (these are usually financial or health & welfare)?

It could be that they just need a little more time to undertake the assessment, once this is complete your husband is entitled to see the assessment (or you, if you act for your husband eg have POA).

Best wishes

I don’t have poa as he didn’t need it maybe does now
I was told I can still see the report
I want him to come home he wants home too

@kyberpast Have you asked if you can take your husband home and what did they say when you asked the question?

Gordon’s case going to best interests, with me invited. Do I have any legal rights as his wife, but without LPA?

Hi @kyberpast, you will need to get advice from Citizens Advice or a solicitor on this issue as it will depend on whether the health professionals have assessed him as lacking mental capacity to make his own decisions about his ongoing health care.

One would assume with you being invited they will listen to your view but it would be best to know what rights you have before the meeting.

Wishing you all the best.

Thank you for your advice.