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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33811
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My father aged 78 has recently been in hospital having been

Customer Question

My father aged 78 has recently been in hospital having been referred for treatment for longterm alcohol addiction amongst other health problems . Whilst there he was assessed for his ability to continue to live independently, the conclusion of the assessment was that he needs and has been offered help , ie meals, cleaning, washing ( personal) etc (which would be paid for by his children) but has refused all help. He just wishes to return back to his house and continue drinking which will result in further deterioration
The matter is further complicated by a woman who was in a relationship with my father for 10 years but they never cohabited together. This has ended several years ago but has transformed into her cleaning for him on an adhoc basis for payment, but not as she claims, caring for him. Her son an ex convict and her ex husband also carry out chores for him ie gardening again all for payment.
We were only made aware that he was in hospital when he had not returned any calls for a week and she only made contact with us when police action was threatened.
Upon visiting the hospital she had carried out the following actions:
1) Informed the hospital that she was the next of kin by saying that she was his sister,this was without the knowledge of my father. As his siblings we were unable to talk to the consultants about his treatment and recovery options because they had already discussed this with her.
2) She has advised the hospital that she has been changing his dressings on his legs regularly which my father denied this has happened and it was partly as a result of this that he was referred to the hospital .
3) On several occasions she provided him with medication to help him self medicate despite being told by the hospital not to, this resulted in treatment being extended and recovery delayed.
4) On the occasions that my sister and I visited him, we have had to purchase clothes and toiletries for him, as she had offered to provide them since she had his wallet and keys and had not provided them.

My sister and I recently stayed at my fathers house and were appalled by the state of the house which she is paid to clean. All his financial papers were spread out having been rifled through whilst he was in hospital.
We are now aware that she has details of all of his account numbers , has access to his cards and property and is co executor of his will along with my sister.

What are my options for protecting my father from this woman and her family as I am concerned that he will continue to deteriorate healthwise and she will take advantage of this. My concerns mainly are:

1. She is posing as his next of kin for medical and possibly financial matters;
2. She is taking valuable things from his house without his knowledge;
3. She is not caring for him or cleaning the house which she is paid to do;
4. Her actions show a deliberate intent to cause a rift between my father and myself and my sister which will further complicate matters.
Submitted: 2 years ago.
Category: 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.
Does your father have mental capacity - the ability to understand and make decisions?
Clare
Customer: replied 2 years ago.
Yes my father has the mental capacity to make decisions currently, however as his drinking continues that may diminish
Regards XXXXX
Expert:  Clare replied 2 years ago.
Hi
is it likely that he will authorise you and your siblings to deal with his affairs?
Clare
Customer: replied 2 years ago.
Hi Clare
He may well do but I think that would be a last resort , if adopted i would prefer a 3rd party to be involved to keep it clean and above board . I would prefer a more direct route in dealing with the carer ie injunction against contacting him / prosecution for misrepresentation. Caution from the police, any of these will provide an audit trail their intent and the actions taken to prevent them. I not worried if the actions/ remedies your recommend appear to be overkill as long as they effective

Thanks
Matt
Expert:  Clare replied 2 years ago.
Hi
Will he agree to have no contact with this woman?
Clare
Customer: replied 2 years ago.
Clare
I think at present he will , I can't guaratee that the will be maintained by him , I will address this with him this weekend .
Expert:  Clare replied 2 years ago.
Hi
Your starting point is to arrange for your father to sign a Lasting Power of Attorney allowing you and/or your siblings so that you can take over dealing with his financial matters and also ensure that his future care is maintained
I can understand your extreme concern about the actions of this lady but unless you can prove that she has defrauded your father in some way then the police will have no interest at all.
Equally there is little you can do about what she said to the hospital - all you can do is make sure that your details are clearly recorded AND that you get authority to deal with the Welfare issue as well as financial ones.
I am sorry - I know that this is not what you wished to hear - but it is the position as it stands.
Please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33811
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thanks for your response. The lasting Power of Attorney; is this something that can be applied for now whilst my father is still capable of making his own decisions or do we have to wait until his mental state has deteriorated further?
Expert:  Clare replied 2 years ago.
Hi
In fact this can ONLY be made while he has mental capacity which is why you must act quickly
Clare

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