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