Can Someone Be Forced Into A Care Home - Know Your Rights

Find out about your rights when it comes to elderly care and how to plan ahead to ensure your wishes are met in the future.

As you get older, you might have started thinking about elderly care options. It is wise to think about your care before anything happens that means you may no longer have the ability to choose.

forced into a care home

It makes sense to think about the future in such a practical way because 2 in every 100 older people develop dementia and one stroke occurs every 5 minutes in the UK. These are just a couple of examples of reasons you might need care, and reasons you might not be able to exercise your own choice over the type of care you have. To have the kind of future that you want, you should think and plan ahead, before anything compromises your ability to choose for yourself.

Thinking about choice, it may also have crossed your mind that you might at some point be forced into a care home – perhaps even against your will. Although this thought can be extremely worrying, it is important to know your rights, particularly if you are concerned that social services can force you into a care home. There is an alternative in the form of professional home care or live-in care.

Can An Elderly Person Be Forced Into Care?

In the UK, the general answer to this question is no – you cannot be forced into a care home. If you have all your faculties and are deemed able to care for yourself but social services insist on a care home you can instead arrange professional care at home for yourself.

what is live in care

If you’re willing to receive care in your own home, then there should be no conflict with family, friends and social workers. If you feel strongly against moving to a residential care home then you can have professional care in your own home.

Don’t Want to Go Into a Care Home? 3 Reasons You’re Right Not To. Click here to find out more…

However, Social Services do have a duty of care and so they have to assess your needs as an adult, and ensure any services that are required are in place. If you’re wondering can social services force someone into a care home the answer is only if your care needs are not being met. Then they can place you in an environment where they believe your needs will be met.

In all instances they will try to persuade you, or the person in need of care, to be in a place they believe will be the safest and where care needs will be met. In some instances this may relate to the safety of others, as in circumstances where a person with dementia has become violent to others. But almost all care needs can be met at home with the right professional live-in care, including care for those with dementia.

Live-in Care: A Primary Option Before Care Homes

Social Services suggest that any concerned family members or friends speak to them about their relative and the concerns they have for their safety. If you’re thinking can social services put my mother in a home – don’t worry.  In most instances they will arrange a care assessment and if there is a strong preference to remain at home they can arrange for a carer to attend the person’s home at regular intervals to provide them with the care they need.

Live-in care is also be an option for those with greater care needs so make sure you discuss this with Social Services if they are involved. With live-in care you are able to remain in your home safely and independently whilst a trained carer lives with you and helps you with whatever tasks you struggle with alone.

Financially it makes sense to prepare for elderly care if you will be self-funding. This kind of financial planning will enable you to protect your future and ensure you will have the kind of care that you want. You can even detail the care you would like in the eventuality that you are unable to make decisions for yourself any more. In this instance you must have a family member you trust placed in charge of your care, and your financial affairs so that you can be assured they will carry out your wishes.

Here is a useful booklet to help you find out more about funding later life care:

Care Funding Guidance

It is also a good idea to speak to an Independent Financial Advisor that has experience in financial planning for elderly care, and to speak to your family about your plans.

Do you need to arrange care for a loved one?