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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 2838
Experience:  Dual qualified Solicitor and Attorney
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My wife has signed a contract with her home care company

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my wife has signed a contract with her home care company without reading it first. The carer came to visit her at 9.30 as normal to wake her up and attend to her personal needs. The care company are aware that my wife is easily led and has learning difficulties.She is 79 with stage 4 COPD and on oxygen24/7. The care company came prepared with a premeditated care plan update without first infrming the family of their intentions
JA: Has she talked to a lawyer about this? What country does she live in? If different, what country does this legal question relate to?
Customer: no it only happened today so is this premeditated entrapment to dupe an elderly and vulnerable person into signing her rights away of adequate home care that she is entitled to under the law. She has 3 LPAs in place to protect her from this kind of act but none were present or informed prior to her being asked to sign paperwork by a visiting carer. Is this contract valid or can my wife dispute the validity and method of obtaining her signature by deceipt. We live in England in Cornwall.
JA: What steps have been taken so far?
Customer: none I am asking your advice first as her LPA
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Can my wife cancel her approval of documents she had not read through or understood properly ?

Hi thank you for your message, if there is an LPA related to healthcare needs then the contract can be disputed as invalid. The attorney with the LPA should be consulted and agree to any care home or health related matters. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

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Customer: replied 3 days ago.
Hi Jeremy
I have sent this email to the company in question requesting an apology and a cancellation of the contracts my wife signed OK
you opinion and advice would be greatly appreciated
many thanks
Mike
COPY EMAIL SENT
To Management of Westcountry Home Care Limited.

As an established Home care company you have been made fully aware that my wife, Shirley, is easily led and has learning difficulties. She is 79 with stage 4 COPD and on oxygen 24/7.

Your Company, Westcountry Home Care Ltd, sent a carer today, Wednesday 15th January 2020, with a fully prepared premeditated care plan updated contract without first informing the family of their intentions of having Shirley sign a new contract with your Company.

I am of the opinion this is a case of premeditated entrapment to dupe an elderly and highly vulnerable person into signing her rights away of adequate home care that she is entitled to under English law.

Shirley has Health and Welfare LPAs in place to protect her from this kind of act but none were present or informed prior to her being asked to sign paperwork by a visiting carer from your Company.

As Shirley's LPA [H and W] I am disputing the validity of any contract or paperwork signed by Shirley Bancroft on the above date without adequate representation as illegal,, invalid, highly contentious and without approval.

I am requesting an apology and a retraction of this legal trickery that has been set up behind my back.

Yours Sincerely

Mr M N Bancroft registered LPA for Shirley Bancroft
Hi thank you for your message, I am in agreement with the principle expressed namely as they were aware she had an LPA and as she does in fact have an LPA including over healthcare matters you should have been consulted about any healthcare related decisions.
Customer: replied 3 days ago.
thank you very much
Glad I could help take care