Ask a Law Question, Get an Answer ASAP!
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
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?
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
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.
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.
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!!
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.