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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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When my father entered residential care I signed a contract

Resolved Question:

When my father entered residential care I signed a contract to guarantee his funding. The contract refers to his "Eligible Need" but the only place where his Eligible Need is stated is in his medical records.
Am I not right in saying that his medical records must therefore have been an integral part of the contract and that they should have been appended to it when I signed the document?
I have been in litigation with my Local Authority for almost two years as they a claiming a refund of fees from me which they claim they paid by mistake. However, they have only just filed and served his medical records which reveal they have continually misrepresented as to his true medical condition and had I known the full facts I could have taken him out of residential care.
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,
Yes, if there is no definition of "Eligible Need" in the contract which you signed, you could argue that it would not apply in your case as the medical records were not annexed to the contract and you were not aware of the medical records when you entered into the contract, thereby making it technically voidable.
Good luck with your ongoing litigation.
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