My husband was left 50%of the house of his late mother. His brother got the other 50%. His mother died only two weeks ago. The brothers have a sister with special needs, she is 50 and has lived her life in care homes. The one brother had a call today from the social services to tell them that their sister had to leave the home in two weeks time. They have never done this before. They asked for her to live temporarily (so they say) at the home of their late mother. Can the brothers be made to allow this to happen? is the sister now their responsability? what does the law say about this? can they refuse for their sister to live at the house?
2006-10-10 10:58:05 · 8 answers · asked by KERRY B 1 in Politics & Government ➔ Law & Ethics
I can't see what the will has to do with this.
In UK law there are only two beneficiaries to this will. The two brothers. Nothing in law says they have to assume care or provide a home for their sister.
It only takes one of them to say no and it can't happen. Both beneficiaries have to agree because they have joint ownership of the property.
Unless it can be shown that the sister has some equitable interest in the property that entitles her to a share then the authorities cannot force you to do this. Even then this would not automatically mean she could move in.
I think they are just trying to "create a space" because they have found out about the house and pass on responsibility for her care to the brothers.
They are trying the moral bit on, but if the brothers cannot afford the type of care required or are not capable of looking after their sister then it is not fair on them.
If you let this happen they will not have her back because they will simply tell you there is not a place available for her.
Temporarily can mean many things. A simple "sorry, this is not possible at this time." should be enough.
The authorities have assumed care for her they therfore have a legal duty of care to see that she is looked after properly and in the right conditions. They cannot just throw her out onto the street. It is illegal.
This might sound harsh but looking after people with special needs is a specialist type of care and more harm could be done to the person than good. If the sister has been in specialist care for so long then it sounds like her disabilities are severe.
I hope this helps.
2006-10-10 23:42:30 · answer #1 · answered by LYN W 5 · 0⤊ 0⤋
I am sorry to hear of your dilemma.
Social Services are trying to pull a fast one, I think. Is your Sister-in-Law capable of even looking after herself? It doesn't sound like it if she has been in care for so many years.
Have a word with the Family Doctor about her - hopefully you may get help and advice from that source.
Also, go poste haste to your nearest Citizens Advice Bureau for advice.
Another good source for help and advice would be Mencap.
Failing all these, try and have a chat with your late Mother-in-Law's Solicitor, although this will cost you.
I do not think your Husband and Brother-in-Law can be held responsible for their Sister.
Good luck.
2006-10-10 11:16:09 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Social services absolutely cannot relinquish their responsibility for the sister in this way. Your husband does not automatically become responsible for her. That's still social services responsibility. However, if a child is not adequately provided for under a parent's will, they can make a claim on the estate. The sister will probably be entitled to make a claim for a share of the house if your mother-in-law did not provide for her in another way. If she cannot act for herself, the social services can appoint a guardian ad litem for her and instruct an official solicitor on her behalf. Be prepared. I would ask your solicitor if I were you.
2006-10-10 22:43:20 · answer #3 · answered by moonbeam 2 · 0⤊ 0⤋
1 Solicitors will give 1/2 session of advice.... in that time you can find out quite a lot
2 Citizens Advice Bureau will help in all sorts of areas
3 Do you belong to a union or association? Does it provide legal advice?
4 Do you have legal advice with any of your insurances?
5 Over a certain age? Try Age Concern !
2006-10-10 11:15:24 · answer #4 · answered by Anonymous · 0⤊ 0⤋
The sister is probably eligible for Medicaid. Her brothers should be able to take care of applying and all that. It should cover her care and the care home.
2006-10-10 11:03:30 · answer #5 · answered by Phoenix, Wise Guru 7 · 0⤊ 0⤋
He can refuse as the house is 'partly' his. Someone somehwere had this planned. I assume this in the Uk ??, once in the property you'll have a hell of time getting whovere out, act now, get a court order , suggest a county court order.
2006-10-10 11:07:34 · answer #6 · answered by david g 3 · 0⤊ 0⤋
Hmmmmmmm
Carpe diem!
2006-10-10 11:39:06 · answer #7 · answered by afrodyzyak 5 · 0⤊ 0⤋
what percent do i get?
2006-10-10 11:06:39 · answer #8 · answered by Anonymous · 0⤊ 0⤋