How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM, Solicitor
Category: Law
Satisfied Customers: 12195
Experience:  30 years as a practising solicitor.
Type Your Law Question Here...
JGM is online now

my elderly relative's local authority are trying to force them

This answer was rated:

my elderly relative's local authority are trying to force them out of their wee private house and into a care home, they have told their doc and me and others they don't want to go, but they have partial dementia (not bad) and the social work manager ses he will take the issue to court if i dont agree (i am main carer and POA) my relative has some memory problems and a chronic but not fatal disease well managed at home by local auth carers and me. Told me they don't want to leave their home on many occasions . Can they override my relatives wishes? also will I have to sell their house to finance their own care? if it happens? Should i hire a solicitor and go down the legal route?
Thank you for your question.
You should see a solicitor immediately. The issue here is whether they are able to live at home with the help that is available. The social work department cannot force them into care unless they get a court order.
However, you may want to consider cutting them off at the pass by going to court yourself for a guardianship order. The legislation you want to read is the Adults With Incapacity (Scotland) Act 2000 and you should also look at the website of the Office of the Public Guardian in Scotland, all online.
If they do have to go into care then the house is at risk unless there are other pensions or assets to pay for the cost of care.
I think you should see a solicitor experienced in the law of the elderly for detailed advice on your specific situation.
Happy to discuss further.
Please leave a positive response so that I am credited for my time.
JGM and other Law Specialists are ready to help you