Mental Capacity and Best Interests
Alan is 80 years old and has suffered from Vascular Dementia for the last 10 years. As a result of his condition Alan is very confused and needs supervision to make sure that he does not hurt himself or wander from the house and place himself in danger.
Alan currently lives with his wife, Jacinta, who provides most of his care. Some additional care is provided by Local Authority carers who come to the house once a day to give Jacinta some respite. Recently, however, Jacinta fell and broke her hip and has, therefore, been unable to care for Alan. Alan and Jacinta’s daughter, Alex, moved into her parents’ house on a temporary basis to take care of both her parents while Jacinta recovered.
Alex and the Local Authority carers are concerned about whether Jacinta will be able to provide adequate care for Alan when she recovers. Discussions have, therefore, taken place about Alan moving into a Local Authority care home. Alex and the Local Authority carers think that this is the best course of action, but neither Alan nor Jacinta want this to happen.
Critically evaluate the basis upon which those caring for Alan should make a decision as to where he should live.
- Refer to both primary and secondary sources of the law as well and academic commentary in your evaluation.