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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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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
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