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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11149
Experience:  30 years as a practising solicitor.
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My sister has placed my mother in a care home and is

Resolved Question:

Hello, my sister has placed my mother in a care home and is refusing to tell me where she is, I have called the care management service in our city only to be told that I have no right to be informed as my sister is next of kin, do I have any legal standing at all? I am in Scotland. Many thanks.
Submitted: 11 months ago.
Category: Scots Law
Expert:  JGM replied 11 months ago.

Technically ther is no such thing as next of kin under Scots law. Does your sister hold power of attorney? If not, she has no right to withhold this information and you should be told unless the care home has a specific instruction from your mother to the contrary. Even if there is a power of attorney, it has to be exercised in the best interests of the grantor and by withholding information as to her whereabouts from family, it would appear unlikely that this in your mother's best interests. You could report this as an abuse of the power of attorney to the Office of the Public Guardian in Scotland. I hope that helps. Please leave a positive rating so that I am credited for my time.

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