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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31768
Experience:  Over 5 years in practice
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My cousin holds the Power of Attorney dear mother.

Customer Question

My cousin holds the Power of Attorney for my dear mother. Does he have the right to force me to leave my mother's home which is where I am currently living?
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
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Expert:  Clare replied 1 year ago.
HIThank you of your questionMy name is ***** ***** dd my best to help you but I need some further information firstHow long have you lived there and why does the Attorney wish you to move out?
Customer: replied 1 year ago.
I came back here to look after my dear mother last June. My Aunt booked her for 2/3 week respite care into a care home in November. She has sadly never come back home as I understood and was told that she would do! She has sadly never settled there with noise issues from bells, tv's, banging doors etc., and is deeply unhappy and never leaves her room and hardly her bed! There have been incidences of very poor care and last Sunday I found her in a terrible state sitting up in a chair for far too many hours I found out and had to warm her bare feet and hands etc., and get her back to bed.
My cousin tells me that her home has to be sold to pay for the ridiculous cost of the care home and I understand that there is a buyer who has made an offer but contracts have not exchanged!?? When I questioned him again last night., he said that my mother has her own funds in place until the end of the year and as I have asked all along what is the rush please to sell her/our home? She may even have to come back to her home now with the proper care in place especially after what I recently observed as I cannot allow her to be left like that again especially as she is not able to communicate effectively always! My coursin is coming down early on Saturday morning and I need to be completely clear please as to what on earth I should be saying/asking him!
Expert:  Clare replied 1 year ago.
Where were you living before June?
Customer: replied 1 year ago.
In a flat I rent from the Council who have now confirmed after 12 years that yes asbestos is in the flat and need to be removed. As a result I have had to remove all my belongings and put them in to storage until all the asbestos including the floor tiles are removed and replaced. I have chronic ill health myself including lung disease since I have lived in that flat and I find myself in a complete mess as I have to be in my mother's home until this is addressed. My mother's GP told me on Friday that he can see and find no medical reason why she cannot return home with the right care in place but the Matron of the care home is contradicting this information which is most confusing indeed! Surely the GP's word is the one that stands is it!?
Customer: replied 1 year ago.
My cousin sadly never came down on Saturday and is now saying that he will pass his Power of Attorney over to the Court of Protection. Could you tell me exactly who they are please and would they look after my mother's affairs in the best and safest way??
Expert:  Clare replied 1 year ago.
What reason has the Matron given for her views?