How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33534
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

Hi, My dad has parkinsons and was put into a care last year.

Resolved Question:

Hi, My dad has parkinsons and was put into a care last year. He hasnt been of a stable mind for the last 3 years and has parkinsons for the last 6 years. I have a very bad relationship with his brother and he has been very nasty, including trying to attack me the last time i saw him however he says he was granted power of attorney, next of kin etc and has tried everything to stop me seeing my dad including getting the police/social involved. I have no previous convictions and the police (after car and house checks) agreed i hadnt stolen anything etc etc. Well seeing as its christmas i phoned the care home to ask if i can take my dad out for a big family christmas just 1mile away from the care home and only a couple of hours as i dont want to risk any medical issues. Its probably his last christmas and i want him to have a good one. However the care home says they need his brothers permission as hes `next of kin` yet when i have looked online for answers there is no legal rights for him to be able to do that? I also believe dad had to be of sound mind to grant him any `power` and i know for a fact he hasnt been of sound mind for atleast 3 years? im really struggling and just want a nice family christmas! I just need to know how i can make sure he is the power of attorney? ie paperwork? and if i have any rights to fight it and how i would go about doing that?

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.
Is he listed as "next of kin" only - or have the hime seen a Power of Attorney?
Who actually deals with your father's finances?
Clare
Customer: replied 2 years ago.
His brother deals with his finances but I have seen no paperwork to verify being next of kin or power of attorney
Thanks
Expert:  Clare replied 2 years ago.
Hi
Next of kin is not a role that brings any legal rights.
It describes either the nearest blood relative (which is in fact you) - or sometimes it is used as a description of the person you see as closest to you.
You can check whether or not the brother holds Power of Attorney using the process here
https://www.gov.uk/find-someones-attorney-or-deputy
Unless your uncle has a Lasting Welfare Power he has no right to dictate who your father sees or where he goes and you should gently but firmly explain this to the home
If no one hold Power of Attorney then you can also apply to be appointed as his Deputy
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33534
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and 2 other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice