Deprivation of Liberty Safeguards (DoLS) Frequently Asked Questions

Here are some frequently asked questions about Deprivation of Liberty Safeguards (DoLS). If you have any others in mind, please let us know and we will add them to the list.

What does Deprivation of Liberty mean?

Deprivation of Liberty means that someone's liberty is taken away from them.

What does this mean in practice?

This means that the person is not free to leave and is under continuous supervision and control.

How does it affect my family member or my friend?

It depends on the situation. If your family member or friend is being deprived of their liberty, they may be under constant supervision and control and may not be free to leave.

Does a DoLS mean I can’t move my mum/dad/friend?

No, it means their residency, care and treatment means they are being deprived of their liberty which is likely to be the case wherever they are placed.

What difference does a DoLS make?

It means the persons residency, care and treatment in the home are reviewed and it ensures least restrictive practices are being followed.

What is the Deprivation of Liberty Safeguards (DoLS) assessment?

The DoLS assessment is a safeguard as it makes sure that the care being given is in the person’s best interests. An assessment will decide whether the deprivation of liberty is allowed to happen or not.

Who can help me understand the DoLS process better?

You can contact your local authority or a solicitor who specialises in mental capacity law.

How long can a DoLS last?

The DoLS can only be for a maximum of twelve month for each authorisation.

What does a Relevant Person Representative (RPR) do?

They maintain regular contact, raise concerns/discuss decisions, raise an objection on behalf of the person, if necessary, with support if needed, bring a case to the Court of Protection.

How can I challenge a decision made under DoLS?

If you want to challenge a decision made under DoLS, you can apply to the Court of Protection. You can also contact your local authority or a solicitor who specialises in mental capacity law for more information and guidance on how to proceed.

I have Lasting power of attorney (LPA), will the DoLs supersede my rights to make decisions on the persons behalf?

There are two types of LPA:

Health and Welfare LPA

This LPA gives someone else the power to make decisions about your health and care when you can’t make them yourself. They can make decisions about things like what you eat and drink, what you wear, and what activities you do. They can also make bigger decisions like where you live and whether you get medical treatment.

Property and Finance LPA

This gives someone else the power to make decisions about your property and money when you can’t make them yourself. They can make decisions about things like paying bills or selling your property or shares. You can choose for it to be used either when you lack mental capacity to make the relevant financial decision for yourself or as soon as the LPA is registered.

 

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Last updated: 09 October 2024 11:40:06

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