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Kasare
Kasare, Solicitor
Category: Family Law
Satisfied Customers: 204
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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What rights does a second wife have in stopping his children

Customer Question

What rights does a second wife have in stopping his children from the first marriage from seeing him the father in question is in a nursing home. She also refuses to allow his brothers and sisters to visiting can she do this legally
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you but I need some further information first.
Has the gentleman signed a Power of Attorney?
Clare
Customer: replied 3 years ago.

I'm not 100% sure but I think the answer is yes he has been assessed for discharge but these new wife will not allow him home the nursing home said they cannot allow any this is because his wife is stipulated he has to received no one from his family

Expert:  Clare replied 3 years ago.
Hi
How long have they been married/
Clare
Customer: replied 3 years ago.


He has been married 34 years to his present wife and he has four grown-up sons and the Second wife as three grown-up daughters which are not his.

Expert:  Clare replied 3 years ago.
Hi
Why is she taking this approach?
Clare
Customer: replied 3 years ago.

As she does not communicate to us will not take telephone calls will not answer letters the only communication we do receive is from the nursing home who refuses to admit us in because of her instructions

Expert:  Clare replied 3 years ago.
HI
I assume that he is no longer mentally capable?
Clare
Customer: replied 3 years ago.

He has dementia but he is aware of what he is doing he has not got Alzheimer's doctor said he would be better stimulated at home but she said she will not have him she cannot cope

Expert:  Clare replied 3 years ago.
Hi
Is he competent enough to decide who he wants to see?
have you tried speaking to her daughters?
Clare
Customer: replied 3 years ago.


Her daughters refuse to communicate with us the care home says they'll follow his wife's instructions he is to have him in no visitors from his blood relatives and there is nothing they can do I think is a sin and that an old man of 80 is being refused the right to see his own children and his brothers and sisters PS this is not about money because he hasn't got any we just don't understand the logic breathily think it's very cruel

Expert:  Clare replied 3 years ago.
HI
How often did you see him before he went into the home?
Clare
Customer: replied 3 years ago.

The family used to see him all the time he came to family gatherings in Bolton he lives in Blackpool it is only in the last nine months why she started doing this no one knows

Expert:  Clare replied 3 years ago.
Hi
Have Social Services visited at all or refused to get involved in any way.
Do the nursing home let you know how he is?
Clare

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