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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22401
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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My Father is in a residential home and has vascular dementia.

Customer Question

My Father is in a residential home and has vascular dementia. His condition has recently got worse, and the home would like me to move him to a nursing home. However, we have had several meetings prior to this request, with the home confirming that they would be able to deal with him dementia going forward. A few things have happened since - eg, my father is a smoker and he has found that if he lights the gas oven in the kitchen he can light his cigarettes and smoke in his room, which I accept is a fire hazard, but surely they can lock the kitchen and not give him cigarettes whilst inside?! They are putting me under pressure to move him, as they now found him an inconvenience!! He is not bad enough to be moved to a nursing home and a social worker has confirmed this. My question is, can they, the home, legally force me to move him, after making statements that they could look after him before ( all recorded and minuted)? I pay for his care, so he is not funded by the govenrment? Your thoughts please. Thank you. Sara
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.

I am sorry to ask such a basic question but does your father know what he is doing?

Is this the only problem or are ther other issues?

Please bear with me today, I am on and offline (Sunday things to do)

Customer: replied 3 years ago.


He knows what he is doing from time to time, which goes with his dementure.


 


Sometimes he really does not know what he is doing. I understand that he is creating a fire risk with his smoking, and he did, on two occasions urinate in the drawing room in the home in front of all of the other residents!!


 


However, going back to the point that they said that they could cope with him prior to this, I cannot see why, they are pressuring me to move him quickly, and can they legally do so?


 


I will move him, but it takes time to look at other suitable homes, check them, make sure they have space etc.


 


I do not want to be rushed and pressurised into action.


 


Can they force me to rush?


 


Customer: replied 3 years ago.


Hi, any more news on my answer to your question?


 


Sara

Expert:  Stuart J replied 3 years ago.

I am sorry to have to tell you that they can.

The residential home that he is in is in essence boarding house /guesthouse/hotel, and simply because the Bill is being paid does not give anyone the right to continue to stay there if they breach the rules.

I think they have probably gritted their teeth and bit the bullet up till now , but this is the final straw and it is brought everything else to a head .

The notice period may be specified in the initial contract or it may not. Do please check. If there is no notice period
specified, then it is likely to be seven days, but in any event, it is what has
to be reasonable in the circumstances.

I think they're probably going to be more
understanding with regard to the timescale if you accept the situation and tell
them that you will make other arrangements. I think however, you are only going to
get weeks at best and not months. The situation of course, will only
deteriorate and will not get better so you are probably only faced with the
inevitable.

 

I appreciate that this is probably not the
answer you wanted but there is no point in me misleading you.

 

Can I help further? Please bear with me today
because I will be online and off-line.

 

Please don't forget to positively rate my
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answer.

The thread remains open.

It is not an instant service so sometimes you will get a response in minutes
and sometimes it will be hours.

 

Thanks

 

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