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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 27888
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Myself & my siblings are being refused to see our

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Hi myself & my siblings are being refused to see our grandmother who is 90 & very ill. Our uncle resides at her home but he isn't the owner. He won't let us speak to her or communicate with her at all. He's threatened us with his solicitor and has said he'll call the police if we go round! Our grandmother is like a parent to us. Is there anything we can do legally to see our grandmother before something happens?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No not as yet. We wanted to avoid court if possible but if we have to pursue then we would consider this. Can he legally stop us seeing out grandmother?
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: My grandmother is in Norfolk. I'm in Yorkshire and my siblings live in Norfolk
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Just some information for the moment. Is this free advice?

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years experience.

  1. I am very sorry to read of the above. May I ask if he holds any form of power of attorney for your grandmother please?
  2. Does your grandmother have mental capacity in her current condition?
Customer: replied 16 days ago.
No he doesnt. As far as we're aware there isn't any poa
Customer: replied 16 days ago.
I'm on a break at work so I cannot call. Is there anything we can do?
Customer: replied 16 days ago.
Hello?

Thank you. On this basis he has no rights to regulate access to your grandmother. You may wish to consider contacting social services at the council local to your grandmothers property and ask to speak to the social work that is in charge of your grandmother's care provision (if there is one or failing which the duty social worker) and raise a concern of abuse. Abuse need not be physical but also includes inappropriately restricting or regulating who a person sees.

I do not suggest the following will be the case here but one explanation might be that he has managed to get your grandmother to change her will in his favour and is concerned to restrict access to her to ensure that his actions are not discovered or compromised. Of course the reason may be entirely different. There are obviously legitimate covid concerns of spreading infection at present.

Social services can attend and carry out a full inspection and enquiry as regards ***** ***** care needs and ensure she is aware of your wish to visit. You may be able to work with social services to arrange an appropriate visit with your grandmother.

Joshua and 2 other Law Specialists are ready to help you
Customer: replied 16 days ago.
what would happen if we went to go see our gran? Thankfully there's 2 executors but I'm not concerned about the will. We just want to see our grandmother as it could be the last time
Customer: replied 16 days ago.
She already has carers in place as this was put into place by the hospital when she was discharged last week.

If you go to see her, he has no property rights or attorney rights from what you say so he has no power to regulate entry or involve the police. There are legitimate issue with regard to covid infection prevention which you may need to address. If he is there it is also true to say of course that he could cause a scene. If possible it may be better to time a visit when he is not there if his movements are known. If there is a confrontation, it would be best to stay calm. You could record any incident using a smartphone which may cause him to regulate his behaviour a little more.

If you believe there may be a scene it may be better to consider making contact with social services and work through them.

Customer: replied 16 days ago.
Thank you so much for your advice. Most grateful

I hope you are able to arrange access either directly or via social services.

Customer: replied 16 days ago.
Many thanks. On my grans mental capacity I'm not 100% sure as she will be on medications. Would this change anything?

It may change your grandmother being able to speak her mind on the matter of your visit, but it does not change your uncles legal position discussed above or the manner in which you might go about arranging the visit.

Customer: replied 16 days ago.
Thank you so much. You've really helped out my mind at ease for myself & my siblings. Thank you so much!

I'm glad the above was of some assistance. All the best