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Ask Michael Holly Your Own Question
Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 6825
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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I suspect my sister and husband (now deceased) have

Customer Question

I suspect my sister and husband (now deceased) have for some time been using the same solicitor as my father. After my father died my sister and husband went to great lengths to have my mother diagnosed with dementia. I feel they have been advised by this solicitor all the time through out a lengthy period of years in which I did very much to ensure my mothers care at home. Yet my sister threatened to sue social services if they let her go home from a dementia home. I had to get advocates for myself and mother. There has been much interference by my sister with the carer and the social services. My mothers last months were unbelievably awful and the solicitor seems to employ temporary solicitor for my mothers estate. Would it be best to go to the police to voice my concerns?
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
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Expert:  Michael Holly replied 1 year ago.
I do not understand what the significance of who the solicitor acted for is in relation to the treatment of your mother.The diagnosis of dementia would have to be done by a qualified person , usually a doctor, under the Mental Capacity Act. Once the diagnosis is made the person's needs and ability to care for themselves is then assessed but again by health care professionals.A diagnosis of dementia does not mean that someone cannot be cared for in their own home by a relative, it depends on the degree of the dementia and the degree of care required. If a high degree of care is required then health visitors will simply not be able to provide enough care and a care home is the best option.I hope this helps and puts your mind at rest. If there are further points please reply and I will be happy to respond.Best wishesMichael
Customer: replied 1 year ago.
Sorry but your response tells me no thing I dont already know. The solicitor should be representing my mother but he is and has been working for my sister. My other sister is always talking to him from USA. If my sisters against the wishes of my mother, me, social services and two advocates from Power and the OT who inspected the house and equipment and two Carers and their experience and qualifications, cameras, hoists hospital bed what is ok about my mothers solicitor advising my sister on how to prevent her from going home?
Expert:  Michael Holly replied 1 year ago.
A solicitor cannot act for 2 parties where there is a conflict of interest between them. However it is not clear that he is acting for your mother at all.A disagreement between family members about the best course of action for a relative is not a criminal matter. It was still open for your mother to be sent home irrespective of what the solicitor said and the fact she was not perhaps indicates a lack of faith in that course of action from social services etc.Michael