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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33323
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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My mother has been relocated into a different nursing home

Customer Question

My mother has been relocated into a different nursing home as the one she is currently in is closing down. We are recorded as next of kin. There is no LPA for welfare although LPA for finance and property exists with my 2 brothers. We were not made aware of the move in advance and in fact only heard through "the grapevine". Surely the county council and the home should have brought us into the decision. She is 100 miles away and we'd like her nearer to us. She has dementia.
Submitted: 10 months ago.
Category: Family Law
Expert:  Clare replied 10 months ago.
HiThank you for your questionMy name is ***** ***** dd my best to help you but I need some further information firstHow often do you visit and when did you become aware of the move?
Customer: replied 10 months ago.
We visit as often as possible, about once every 2 months as we live 100 miles away. We wanted her to be moved to a home near us in the first instance but social services wouldn't,t do it. We learned of this latest development last night, from my disabled brother in law, he was told by my other brother in law, with whom we are currently engaged in a lengthy legal battle as he has in our view taken all of her estate by undue influence.
Expert:  Clare replied 10 months ago.
Was the other brother in law aware of it and consulted?
Customer: replied 10 months ago.
We think so, he won't communicate with us because of our legal action against him. The care home are aware of this and are aware that we should be informed if anything happens to m y mother
Expert:  Clare replied 10 months ago.
What explanation did they give when asked/
Customer: replied 10 months ago.
One of the day nurses told us a letter was sent to us. We asked if it was sent special delivery due to its importance and she said it should have been but was unsure. When asked why we didn't receive a follow up call she didn't know why. There was a meeting for residents families on Wednesday evening this week which we were not made aware of. Apparently it has already been decided where she is being moved to but we are not party to that info but we do know it is far away enough that my disabled brother in law will not be able to visit her and my other brother in law will rarely go, hence why we want her moved closer to us so we can visit daily
Customer: replied 10 months ago.
I have just learned that the staff at the nursing home didn't know it was closing until they received notice from the council. Apparently the residents families knew about it before them, apart from us naturally
Expert:  Clare replied 10 months ago.
HI
It has clearly been handled badly all round and you should indeed make a formal complaint to the Local Authority dealing with the move
However it is not too late to look into an alternative move.
You should also consider applying either for a Health and Welfare POA if her mental capacity is sufficient - or to be appointed as her Deputy if not.
You can use this example of failure to consult with family as the reason for the application and evidence of the need for some legal protection for your mother
Please ask if you need further details
Clare

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