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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 19433
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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My mother in law who suffering from alzheimers has just been

Resolved Question:

My mother in law who suffering from alzheimers has just been taken into a care home. Her live in partner/carer, whos own house is 300 yards away, is suspected of physical abuse towards her. We want him out of her house. How is the best way to proceed.

Thank you
Submitted: 7 months ago.
Category: UK Property Law
Expert:  Stuart J replied 7 months ago.
Thank you for the question. It is my pleasure to help you with this today. Please bear with me if I ask for more information.

please explain this because it isn’t clear
Her live in partner/carer, whos own house is 300 yards away
what basis do you have the suspicion?
In view of the comment with regard to his house being 300 yards away, what you mean when you say you want him out of the house?
Does anyone have power of attorney over your mother-in-law’s affairs?
Have social services be involved?
Can I have as much background detail as possible please? Thank you
Customer: replied 7 months ago.

her partner still owns his own house. My mother in law is the sole owner of her house.


 


Social services have had their suspicions for a while but she was examined today in the care home and found to have 18 unexplained bruises.


 


He has stayed and slept at my mother in laws house for the past 3 years, whilst going regularly round to his house for a change of scenery.


 


Now that she is in the care home we want to know what rights we have in asking him to vacate my mother in law's house in view of his possible physical abuse towards her.


 

Expert:  Stuart J replied 7 months ago.

Thank you. At this stage in time, social services are probably your best allies and I would certainly raise the issue with them.

 

I would also raise the issue with this man, particularly with regard to the unexplained bruises because he may prefer to walk away rather than being investigated.

 

Whilst there are practical things that you can do such as simply locking him out and depositing all his stuff at his own house, and the reality is that there is virtually nothing he can do about that, legally you actually have no right to do that.

 

If you want to do it all above board and legally, then someone must apply to court to become a deputy over her affairs.

 

https://www.gov.uk/become-deputy

 

which can take up to 6 months and a solicitor will charge £2000 plus the court fee If she had mental capacity someone could actually have applied for Power of Attorney which is much cheaper and much quicker and a solicitor would charge about £400 plus the court fee and it takes between 12 and 16 weeks so is a little quicker. It is too late for that now, obviously.

 

There is nothing actually to stop this man doing it although he is going to have two do a considerable amount of paperwork and pay the court fees. There is also nothing to stop any family member or you doing this, and avoiding the solicitor’s fees, but I will tell you that the paperwork is full of traps for the unwary so you might want to think twice before undertaking a DIY job.

 

The court fees and solicitor’s costs can be reimbursed from mother-in-law’s assets. At this stage in time, this man actually has no right to be in the house any more than any of you do, although your mother-in-law’s children can possibly claim a right, but I will clarify that shortly.

 

The reason I say that he does not have the right to be in the house is that your mother-in-law is able to grant the right for anybody that she likes to be in the house.

 

However, unless she granted that right with a view to its enduring have to she lost mental capacity, as soon as she loses mental capacity, any authority that she granted prior service, is immediately withdrawn.

 

So he actually does not have any authority to go in the house.

 

But by the same token, the mother-in-law to children, if over 18, are no longer dependent and also have no authority to go in the house unless they have a power of attorney or have been appointed deputies.

 

There is another potential issue which I will mention for completeness, but nothing would happen with it. If he is in the house without consent is a trespasser.

 

Although, to bring a civil claim, once again, you have to have power of attorney/deputy ship. Since 1 October 2012, squatting in a house where the owner of the house has not given consent for someone to stay there, became illegal and is a criminal offence.

 

However, the police have not yet exercised the law in this respect, and I am not aware of any prosecutions.

 

Your issue is further clouded because he will claim that he is in the house with consent (albeit that the consent has now been withdrawn by virtue of your mother-in-law’s dementia).

 

If you tell him that if he does not move out, you are going to complain to the police with a view to getting him prosecuted because he is there without consent, although the reality is that the police will do very little, he may not necessarily know that.

 

So there you have the practical solution, and the legal solution, and the legalities.

 

Does that answer the question? Can I answer any specific points?

Customer: replied 7 months ago.

Thank you, XXXXX XXXXX most helpful.


 


The only important thing I forgot to mention is that her son and daughter already have power of attorney, which presumably means they have more rights.

Expert:  Stuart J replied 7 months ago.



Provided it is either a
registered Ensuring Power of Attorney or a Lasting Power of Attorney, they can
simply lock him out and change the locks, but they should give him his
belongings back immediately.

More?

Customer: replied 7 months ago.

It is a lasting power of attorney.


 


Thank you

Expert:  Stuart J replied 7 months ago.
In that case they can just him out and give him his stuff back.
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 19433
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
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