DoLS ensures that people who can’t consent to their care arrangements in a care home or a hospital are protected if those arrangements “deprive them of their liberty”.

For example, some-one has gone into hospital for a routine procedure. They take a while to recover and the medication or maybe a urinary tract infection is making them confused. Social Services along with the support of the hospital clinicians can intervene and decide that in their view that person cannot cope at home and needs to go into a care facility. By applying for a Deprivation of Liberty Safeguard order (DoLS), Social Services can discharge them into a care home rather than the family home.

A DoLS order can be challenged though if that person had previously drawn up a Health and Welfare LPA appointing an attorney. In this instance, your attorney can over-ride this intervention and have you cared for as you would wish rather than the state made decision.

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