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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34278
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hi Claire, I have a family law question. My mother had a falling

Resolved Question:

Hi Claire, I have a family law question. My mother had a falling out with her father and three brothers earlier this year. Her father and youngest brother who live next door to each other filed non molestation orders against my mother. She went to court and offered to give two undertakings (without any admission of guilt) instead which the judge accepted. One of the main conditions of the undertakings is that she needs to stay 50 metres away from the addresses of her father and youngest brother. Her mother lives with her father and she has not seen her mother since she fell out with her father and three brothers. Her father has recently passed away and her brothers have made it clear that they will not let her meet her mother. She wants to see her mother. Her mother is vulnerable, has suffered two strokes and brain damage in the past, she also suffers from memory loss. Her mother is living with her youngest brother and the undertaking agreed with him will end in June 2015. My mother feels that this should not stop her from visiting her mother in a different location. What steps can she take to meet her mother?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Are Social Services involved with your Grand mother at all?
Clare
Customer: replied 2 years ago.

Hi Claire,

To be honest, I am not sure what kind of external support my grandmother is getting at the moment as I have not seen her for almost 8 months. At the time of the falling out between my mother and grandfather, my grandma began getting support from 2 community nurses who would help her with personal care. I am not sure if social services are involved. My mother is her only daughter and she has not been able to see her for almost 8 months.

Expert:  Clare replied 2 years ago.
Hi
Have you tried to speak to your Uncles about this?
Clare
Customer: replied 2 years ago.

Speaking to my uncles is not really an option as our relationship has completely deteriorated. My mother is not really fussed about her relationship with her brothers, she just wants to be able to meet her mother even if its only once a week or even once a month.

Expert:  Clare replied 2 years ago.
Hi
Does anyone hold a Power of Attorney for your grand mother?
Clare
Customer: replied 2 years ago.

I am not sure but if someone did hold Power of Attorney for my grandmother, it would be one of my uncles.

Expert:  Clare replied 2 years ago.
Hi
You can check to see if any one does hold such a Power here
https://www.gov.uk/find-someones-attorney-or-deputy
If they do hold a Power of Attorney for Health and Welfare then I am afraid it is entirely up to the holder whether or not your mother can visit.
If not then you can ask Social Services to treat her as a Vulnerable person and visit to ensure that she is well cared for and discuss arrangements for a visit elsewhere than at her home
Sadly these are only options available to you
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Hi Claire,

I have been in touch with the Office of the Public Guardian and they do not have any record of a Power of Attorney for my grandma. How will social services be able to intervene? Should I get my solicitor to write to social services?

Expert:  Clare replied 2 years ago.
Hi
That is good news as it means that no one has the power to veto the visit
You can contact Social Services yourself and ask them to visit your grandmother
Clare
Clare and other Family Law Specialists are ready to help you