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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70009
Experience:  Over 5 years in practice
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My 93 year old friend called Pam Mellor is bedridden. Her

Customer Question

My 93 year old friend called Pam Mellor is bedridden. Her solicitor, Mr Peter Badham of*****West Kensington W14 9BG who has her power of Atorney, is making it very difficult for me to visit her. A key which has been left out under the rubbish bins to let in temporary carers, has been removed so that I am no longer to gain access. I have know Pam and her late husband for 34 years and used to live in their home; I was more like a daughter to them.
Michael Cassidy, a friend who is a lawyer, says that Mr Badham is acting unprofessionally and I should get the law society involved. Apparently holding a Power of Attorney entitles him to administer her affairs but cannot prohibit a party, who has a valid reason, to visit.
Mrs Mellor lives in appaling squalor. Her carers say they have asked Mr Badham for years to pay for hot water in the kitchen, a new bed and more help. It all falls on deaf ears.
Through Michael Cassidy I have managed to get Wesminister and Chelsea Health service to visit Mrs Mellor.
I feel that Mr Badham has his nose out of joint.
How do I proceed in seeing my friend?
Yours Sincerely
Rosy Walker
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Why are they denying you entry?
Customer: replied 2 years ago.

I am not sure but I think it is because Mrs Mellor has no relatives and from what the carers say, her solicitor might be after her home. That is just heresay though. Mr Badham could have released funds to allow Pam to have access to hot water, a new bed and more help. Her home is in a disgusting mess and smells to high heaven. Mr Badham has given me no firm reason for not allowing me to visit. In fact, he put the phone down on me when I asked that question

Expert:  Jo C. replied 2 years ago.

If you think that the solicitor is in breach of his duty you can apply to court to have him removed but that does involve a court application which obviously has a costs risk. At this stage in time, you may prefer to refer the solicitor to the Solicitors Regulation Authority for conduct likely to bring the profession into disrepute and for breach of his professional duty. A complaint to the Authority is free. Of course, he will also be getting paid for administering the estate and that should also be investigated just in case he is overcharging.
If you also think that he is abusing his position of a person who is, after all, a vulnerable adult, then Social Services can also intervene.

Can I clarify anything for you?

Customer: replied 2 years ago.

Thank you clarifying the situation up to a point. I want to know what to do next to get into see Mrs Mellor, if Mr Badham is stopping me from visiting her. Mrs Mellor knows who I am and I phone her regualrily, she wants to see me.

One of the most senior health inspectors from Chelsea and Kensignton has been in to see her. I am not a blood relative so I will not be told of the outcome of that visit. She lives in unbeliavable squalour. I think Mr Badham is very upset that I have complained about her treatment but as I am not next of kin, speaks to me with utter contempt

Expert:  Jo C. replied 2 years ago.

If your friend has full mental capacity, then the solicitor cannot stop you visiting.

If however she lacks full mental capacity then if the complaint to the Solicitors Regulation Authority doesn’t work, then you must deal with it by making application to court for an injunction against the solicitor to make him give access.

Jo C., Barrister
Category: Law
Satisfied Customers: 70009
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you so much for your help. My friend is 93 so her mental capasity is not fully there.

I will ring Mr Badham and see what happens when I have said I have taken legal advise. Happy Christmas.

Rosy Walker

Expert:  Jo C. replied 2 years ago.
I suggest write makinga formal complaint and telling him that unless he allows access to your friend you will make a formal complaint to the SRA
Customer: replied 2 years ago.

THANK YOU SO VERY MUCH FOR YOUR HELP. i HAVE JUST SPOKEN TO MRS MELLOR AND SHE IS VERY MUCH LOOKING FORWARD TO A VISIT FROM ME AND HAS ASKED IF i CAN BRING HER A WHISKY AND DRY GINGER!!

Expert:  Jo C. replied 2 years ago.
A pleasure.
She should speak to the solicitor herself preferably when you are there. That assists your complaint to the SRA. She doesnt seem mentally that bad!
Customer: replied 2 years ago.

Mr Badham has just phoned me and said someone will be there to let me in tomorrow at 2.30pm.

Thank you so much for your help. I feel very grateful to you and i am so happy I will be able to see my friend tomorrow.

Yours sincerely

Rosy Walker

Expert:  Jo C. replied 2 years ago.
I am really pleased for you. Ask your friend to let you have a key and get her to tell the person who lets you in that you are to have unfettered access

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