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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 24624
Experience:  Senior Partner at Berkson Wallace
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My brother in law, John had a Polish lady living with him

Customer Question

My brother in law, John had a Polish lady living with him for around 9 years with no citizenship, NI no. etc. In early July she went to Germany for treatment for cancer and although she has not had results yet she has returned. She was almost refused entry at the airport but was allowed in on the grounds of his medical condition. He has advanced Alzheimers and is in a carehome. She does not agree with this and wants to take him out to his own house in which they both lived before she went away. She and my wife have joint LPA. We are extremely opposed to this due to his state of health but suspect that her period of tenure in the UK would also make her proposal impossible. Are we correct?
JA: Has he talked to a lawyer about this? What country does he live in? If different, what country does this legal question relate to?
Customer: No. England
JA: What steps have been taken so far?
Customer: None.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No.
Submitted: 13 days ago.
Category: Law
Expert:  Virtual-mod replied 12 days ago.

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Expert:  Stuart J replied 12 days ago.

Hello. Thank you for the question. It is my pleasure to assist your with this today.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

Is the POA/LPA now registered and valid?

did he make a will before his dementia?

do you know what he wanted for this woman?

Customer: replied 12 days ago.
the POA/LPA is registered and valid.Yes,he made a will before his dementia in which he would leave £80K to the woman (Eva)
Expert:  Stuart J replied 12 days ago.

There are a couple of issues here and one is that if they have joint power of attorney, they must all agree what happens with him.

If on the other hand joint and several and they cannot decide what happens to him, it would be decided by the Court of Protection to which an application must be made and they would normally leave things as they are, they would not upset the status quo.

I cannot answer you with regard to immigration issues because that’s a totally separate matter and it’s not within my sphere of expertise, you would need to ask somebody else about that element but on the face of it she would appear to be illegally in the country although I don’t know why she was allowed to return.

It’s something that you might want to take up with UK Border Control.  Telling her that you intend to do that may focus her mind.

I agree with you that the cost of her precarious immigration status, on a practical basis, it seems likely that he would go back to his own home and then she would end up back in Poland or Germany or wherever and he would be on his own and back into care again.

I can fully agree with what she’s doing if it were not for her unsettled immigration status and if it came down to an argument, one against the other it’s highly likely that the Court of Protection would take into account her immigration status and simply leave your brother-in-law where he is.

However notwithstanding that it may be that regardless of whether she is settled or not or even if she is a British citizen, she may or may not be able to provide the care which is needed for someone with advanced Alzheimer’s which is a 24/7 commitment.

Do remember that I can only give you my opinion.

Another lawyer may have a different opinion. Litigation needs at least 2 parties and neither goes to court expecting to lose.

Nonetheless, one of them does, even though they have been told by their respective legal advisers that they have a good chance of success.

If there was a black-and-white answer to every legal problem there would be no need for anything to ever proceed to court.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Customer: replied 12 days ago.
Very reassuring, thank you.
Expert:  Stuart J replied 12 days ago.

It was my pleasure to assist you. Please come back if anything else crops up and needs clarification.
Thank you for trusting Just Answer, and of course me,  with your legal problem.