BEATING THE GRANNY SNATCHERS 

Families with elderly relatives are being urged by legal advisers to take precaution against the horror of ‘granny snatching’.

In April 2009, great-grandmother Betty Figg was snatched by social workers against the wishes of her daughter and carer. Social workers arrived with police and a battering ram to remove the 86-year-old woman suffering from dementia from her daughter’s house. The media quickly spread pictures and video footage of Betty being taken from the house in her wheelchair with a towel thrown over her head.

It seems social services did not agree with Betty’s daughter that it was in her mother’s best interests to be cared for in a specially converted room in her daughter’s home.

To avoid distressing scenarios like this, a ‘health and welfare lasting power of attorney’ can be assigned to a family member which prevents social services are from taking care decisions out of the family’s hands. Without this legal document social services can make decisions on behalf a vulnerable person if they think they lack mental capacity and believe it is in their best interests. They do not have to follow what the family want and cannot be liable for their decisions.

Irene Chenery of Chenery Maher Solicitors in Clitheroe is specially trained in legal advice for the elderly and qualified by the independent body Solicitors for the Elderly.  She encourages all older people to plan ahead to make a health and welfare lasting power of attorney which will become effective in circumstances like this.

‘It should be part of everyone’s planning for their senior years and is a vitally important document ensuring the people you trust can make decisions for you when the time comes,” she explains.

Notes:

1. A health and welfare lasting power of attorney is a legal document, which allows a person with mental capacity to appoint others to act on their behalf if they later lose mental capacity and health or welfare decisions need to be made.
2. Solicitors for the Elderly (SFE) is a national organisation of lawyers, such as solicitors, barristers, and legal executives who are committed to providing and promoting robust, comprehensive and independent legal advice for older and vulnerable adults, their family and carers. www.solicitorsfortheelderly.com
3. The health and welfare power can only be used when the person making the power lacks mental capacity to make the decision.
4. The power is set out in legislation and must be registered with the Office of the Public Guardian before it can be used. It takes between 8-9 weeks once the power has been made for registration to be completed.
5. Without a health and welfare lasting power no one has authority to make decisions, but it is possible for health and social care professionals to make decisions if they think the person lacks mental capacity and the decision they want to make is in that person’s best interests. They are protected from liability (section 5 Mental Capacity Act 2005).
6. Irene Chenery can be contacted on 01200 422264, www.chenerymaher.co.uk

Back to News..