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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34581
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Visits to see us have already been agreed and this has been

Resolved Question:

Visits to see us have already been agreed and this has been arranged by adult social care in conjunction with my brother in law, then he calls a few days later to say he has changed his mind, when he does, his parents can clearly be heard in the background prompting him what to say, it is not his free choice or will. He is scared of his father and the endless threats he gets when he wants to visit, so even when he does, there is an incredible drama. His parents forced him to remove my family from Facebook and took picture of my kids off the walls at my brother in laws flat, again, against his will. He has learning difficulties, is vulnerable and cant be expected to stand up to the bullying, so why will ASC fail to even speak with his parents, makes no sense. If he is deemed to have capacity and is then able to sign over Power of Attorney, how do I intercept this or object to it if I can evidence the threats and coercion ? In no way is this in his best interests and his parents would never allow him to see us ever again.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 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.
Why do you think the Power of Attorney would mean that you could never see him again?
Clare
Customer: replied 3 years ago.

Because they have told us that they are looking for this so that they can eliminate his advocate and adult social care so that they can have total control over him. They already persuaded him to drop his advocate last week and she was distraught when she spoke to us about it and raised it again as a safeguard issue with ASC where a 23 year old decided against this on the basis that he has "capacity".


 


In direct answer to your question, they said, "we will make sure that you never see him again", clearly they feel that guardianship or POA will allow them to cut out whoever they like. When his advocate went to see him at his flat last week, she reported that his parents could be heard telling him what to say in the background, the same when he rang us last week to confirm that the visit he pushed for himself was now cancelled.


 


My fear is that they can railroad a POA on the basis that he has capacity, and then remove all the very people who are actually adding value to his life and trying to allow him to have as full a life as he is able and to be as independent as possible.


 


Secondly, how sweeping are their powers under a POA even if they had this granted?


 

Expert:  Clare replied 3 years ago.
Hi
A Power of Attorney does not convey those rights.
If your brother in law has capacity then his expressed wishes supersede those of his Attorney just as they do now and so the current position -however inadequate - will continue
The simple and unpalatable fact is that his parents cannot be forced to be reasonable people.
They cannot be forced to stop threatening that if he stays with you he cannot visit them - since they cannot be forced to let him visit them.
If social services can be coerced into taking action all they can do is limit the contact that the parents have with this man - and I am not certain if that is what you wish to achieve
If it is then the starting point is to make a formal complaint to the manager of the relevant team and demand a re-assessment of the situation
Please ask if you need further details
Clare
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