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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70512
Experience:  Over 5 years in practice
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One of my patients wishes to return home from a nursing home.

Resolved Question:

One of my patients wishes to return home from a nursing home. He has full capacity to make this decision. However his wife who he has been married to for over 35 years does not want him home. They have a son who is supporting his father returning home who has a long mental health history.
The wife has said she will move out if he goes home. I have to chair the meeting and would be grateful for advice re legal stant on his rights to return home. Thank you
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.

Is there a problem if his wife moves out?
Customer: replied 2 years ago.
No we can provide care to meet all health needs. However her solicitor will be fighting her side to prevent him returning home.
Expert:  Jo C. replied 2 years ago.
ON what basis will her solicitor fight that? Will she allege violence?
Is he not capable of looking after himself?
Could that not be done by day carers?
Customer: replied 2 years ago.

Not that we are aware of.however even if there was he is not able to move without help. We can put in 24 hr care

Expert:  Jo C. replied 2 years ago.

If he is mentally capable of making his own decisions and he can be cared for with carers and he is not reliant for that on any of his wife’s money, then he is free to move back into the house and to have carers. If his wife doesn’t want him there for any reason, she is at liberty to move out.

I cannot think for one moment other than her alleging him being violent (which doesn’t seem to be possible from what you have said) that she has any grounds to exclude him from the house as it is the marital home after all.

Can I clarify anything for you?

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