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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Elderly lady wants a court judge to visit her in the nursing

Resolved Question:

Elderly lady wants a court judge to visit her in the nursing home where she is as no one is listening to what she wants or says
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I ask why the lady wants a judge to vist her please? What does she want to achieve?May I ask if she has capacity to make decisions for herself?
Customer: replied 2 years ago.
Long story ... She has had several assessments for MC for diff documents over the last three years .... Last summer she was assessed by a doctor who passed her MC but wasn't sure about her finances .... Solicitor had another assessment done which she passed after a gruelling 4 hours went to court but judge threw it out as no permission granted for the second one . Ladies son opposing everything . Court requested another from the Dr last summer who has failed her . Solicitor has told her not to appeal which she wants to do . Hence wants judge to hear her out .... Been going on for three years . She changed her LPA from her son and we are no further on
Expert:  Joshua replied 2 years ago.
Thank you for the above. I am not certain from the above what she is wanting to achieve. You mention her son and an LPA which she has revoked. Is she wanting to exclude her son from her affairs or something else?
Customer: replied 2 years ago.
She has a POA that her son disagrees about .. His LPA was revoked as he taken half million off his mother .. Said it was a loan ... He won't ever be able to be a deputy again but keeps claiming new POA is not trustworthy and trying to get court to take over .... Elderly lady happy with POA but no one hears her
Expert:  Joshua replied 2 years ago.
Thanks. This is difficult to comment on in detail because there has clearly been a good deal of litigation which makes it very difficult to usefully comment without known all the detail of the proceedings. A judge will not normally conduct an off site visit. He can do so but it would only be in exceptional circumstances. A court can make available facilities for communication with a party that is unable to attend such as video conferencing and so on.If she has been judged to lack capacity even though she challenges this it may be pertinent to transfer to the Court of Protection (you do not say which court has been involved). The CoP can make orders on behalf of the lady where she lacks capacity.The above is not terribly helpful for which I apologise but I fear this is a question that I cannot really provide any helpful assistance with without knowledge and sight of all of the litigation documents. The lady could ask to make an appointment with a STEP qualified solicitor that is also a member of solicitors for the elderly. They have special qualifications and experience which most solcitors lack and she may find that they are more helpful than previous solicitors.http://www.solicitorsfortheelderly.com/ I am sorry that I could not be of further assistance.
Customer: replied 2 years ago.
Thank you for your help ... COP .. Are involved ... All so frustrating
Expert:  Joshua replied 2 years ago.
A pleasure. The bot***** *****ne is that if the lady has the funds and is unsatisfied with the present position she has a right to appeal a decision which was not in her favour. In addition capacity is not one way. It can vary so that she may sometimes have capacity and other times not. However if she has capacity at certain times she has a right to make decisions under the Mental Capacity Act.If she has concerns about her son, either an attorney or deputy on her behalf or failing which a litigant friend can issue proceedings on her behalf to recover monies. There is no implication of a gift from mother to son so the money will be a loan unless the son can prove otherwise. If she wishes the money repaid, assuming he has breached the terms of the loan repayment he must repay the same and she could seek an action against him to attempt to recover the same.My hope would be that a specialist solicitor (sourced from the above association), particular one who is also STEP qualified (TEP) would be best placed to advise on what further options she may have.If I can assist any further please do not hesitate to revert.
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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Customer: replied 2 years ago.
brilliant .... She agreed to him borrowing 64k ... But not to keep dipping in .... He is now a retired solicitor ... We did report him and he says retired afterwards !!!! He is a horrid man tormenting his 84yr old mother hoping she will die soon .... And yes she has the funds
Expert:  Joshua replied 2 years ago.
That sounds most unpleasant. If she has the funds hopefully a specialist solicitor will be able to assist her in going forward. I cannot see any basis for the son to hold on to the money if he has not written agreement or other evidence that he is entitled to it. Capacity or not the lady should be able to pursue an action against him either via her attorney or with the assistance of a litigant fried on the face of it.

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