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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 34907
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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my sister has had a stroke and is paralysed.her husband does

Customer Question

my sister has had a stroke and is paralysed.her husband does not want to manage her care at home any longer and wishes to put her in to a care home. she is 54 years old. what right does she have
Submitted: 5 years ago.
Category: Law
Expert:  James Mather replied 5 years ago.

This is not an instant
service so sometimes you will get a response in minutes and sometimes it will
be hours, or even overnight. We all have clients and court and other users and
travelling and weekends and evenings and misc interruptions etc. in addition,
we are lawyers, not typists and some of us can't type that fast!

We will get back when we are online which is on and off all of every day usually

Is sister incapable of managing on her own? It seems so, but I have to ask.

Will he allow carers to come in?



Customer: replied 5 years ago.

Yes, she is incapable. She is paralyzed on her left side, wheel chair bound,and some cognitive and visual impairment. she will never walk again and is unable to do anything for herself. The NHS has provided her with 2 carers 4 times a day to deal with her basic needs only. she is an insulin dependant diabetic and cannot administer her insulin or check her glucose level as carers provided by NHS are not authorised to do. Her is out at work all day and her 18 year old son sufferers from aspergers syndrom anr is volatile towards her. She owns part of the house. She is a diector of a small company with her 2 sister and part of a IHT Discretioary trust.He does not wish to pay towards her care and wants her to be put her in a NHS Casre Home. As her sisters wish to know what her legal rights are and how we can insure the best care

Expert:  Clare replied 5 years ago.
Does your sister still have mental capacity
Customer: replied 5 years ago.

nothing has been proven officially sometimes she wil get muddled and other times quite lucid. we feel her husband may try to prove her incapacity. although her case worker always asks her what she wants and she is very clear that she does not want to be put her in a home.

Expert:  Clare replied 5 years ago.
What is the extent of the value of your sisters assets?
Is she likely to be willing to agree to a divorce?
Customer: replied 5 years ago.

I apologize for the delay. Is it possible to resume this dialogue after 17.00 this evening ?


Carol Iredale

Expert:  Clare replied 5 years ago.
That will be fine
Customer: replied 5 years ago.

Sister's Family Assets


1. House- Value £ 400,000- Equity after mortgage £ 270,000

Due to autistic son the likelihood is that the equity be divided into 3

Therefore - £ 90,000 per person


2. Perhaps a loan of £ 60,000 as part of her share of an inherited discretionary managed trust with the consent of her sisters.Does this trust have to be declared to the NHS ?


3.Income from small limited company of £ 250 per month


4. Husbands net income approximately £ 2200 per month


Her Age 54-- Husbands age 44


As you know her husband has from the beginning shown very little interest in her and does not consider her to be his wife.He no longer wishes to manage her care in even the smallest way. This lack of action has resulted in both of her sisters having to devote a great deal of time to her care.


Objectively speaking it is clear that their marriage broke down prior to her having a stroke. He also has the considerable burden of looking after their autistic son.


Obviously she is aware of her vulnerability and is resigned to her lot unfortunately she is only lucid part of the time and as a consequence would resist a divorce.


As sisters we have her best interests at heart and her quality of care is recognised by both ourselves and the authorities as being inadequate.


Bearing in mind


1 It is in her interest to receive the best care package available from the NHS. The NHS has put a package in place and are prepare to enhance it ( increase it) but this is still being negotiated .


2. Presently the husband has resisted more visits/help/intervention from Care workers and Social Security personnel to help her at their home because he finds it intrusive.

Question : Would it be a good course of action to pursue

!. Encouraging/ insisting on a divorce in order for her to receive her entitlement to the equity and with her other assets buy for her a Warden assisted home and combine that with the care package offered by the NHS.

2. Put her in Home which is ostensibly paid for by the NHS but there may be a short fall. Perhaps the husband can contribute towards the short fall.

3. Or perhaps it is better to

a) not to get divorced b) not receive a loan . c) not selling the family house but maintaining it for husband and son. d) Putting her into a home and insisting that the husband financailly meet the short fall

The Social Security's and NHS'S preferred course of action would be to care for her at home.

This has been pursued for one year and has proved to be completely inadequate due to the husbands total lack of interest and care and resistance to health workers visiting their home. This combined with the behaviour of their son.



Expert:  Clare replied 5 years ago.
The son does not have a claim to a third of the house just because of his disability.
How much would a warden controlled property cost?
Customer: replied 5 years ago.

The cost of a warden controlled property is £ 160,000

Expert:  Clare replied 5 years ago.
Obviously I can only give an indication of the legal situation - the actual decision is in the end a personal one
If there is a divorce then the matrimonial home will be sold and your sister will almost certainly receive sufficient from the proceeds of sale to purchase a Warden controlled flat. No loan required
She can then remain at home with a suitable care package in place
If she does not divorce or at least separate from her husband there is no way that he can be forced to contribute to her care costs