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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have been in a relationship with a gentleman months,

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I have been in a relationship with a gentleman for eight months, and during this time he had been having treatment for bowel cancer. Treatment has ended and he has been put in a care home. I want to visit him once a week for a cup of tea but the family do not want me to. The manager of the care home has done her best with the family to resolve this but they are adamant I cannot visit. They did not mind when I took him for his treatments but now they say I cannot visit. When I asked the manager of the home if this was legal she said she was unsure.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. Does this person have capacity to make their own decisions? Also I presume the family pay for the care home fees?
Customer: replied 2 years ago.
The fees are most probably paid for from his funds. When he was in hospital, they took him to a solicitor to arrange POA. He told me this. He has the start of dementia and has good days and bad days but does know who I am. No one is sure if he has cancer of the brain now or the chemo has accelerated the dementia. The last time I saw him, he begged me not to leave him> I do not want to make a fuss just see him once a week.
Whilst this person has arranged for POA, this does not mean that someone else will have full control of his life and any decision in relation to him. The POA would only really go as far as what he has decided to allow them to do, it could be that they are just granted authority to deal with hi financials, or other administrative tasks. That does not give the POA the right to prevent people seeing this person. However, he family can request that the care home does not allow people to visit him and as this is a private property they can decide who comes in and deny access to anyone they want. They may try and do this by arguing that they are paying for a service and that they have the right to decide what happens to him inside. The care home can then grant their wishes as they are just a service provider and it is their property, which means they can decide who comes in and what happens on their premises. They cannot be forced to do that but they could upset their customer that way and hey may wish to avoid it, hence why they may comply. So the only way really is to try and show that the family is going beyond their authority in terms of what they have been granted under the POA and to try and get the person’s own confirmation that they are happy for you to visit. However, as mentioned, remember that you are entering private property and if the care home management do not want you to enter, for whatever reason, they can prevent that. So it could simply be a case of them wanting to keep their customers happy that they are doing that. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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