Can my father be asked to leave?

Discussion in 'Legal and financial issues' started by Cazza0104, Jun 6, 2019.

  1. Cazza0104

    Cazza0104 New member

    Jun 6, 2019
    3
    My father is in the early stages of Alzheimers. One of his symptoms is aggressively calling out and swearing for 20 - 30 minutes at a time. He does this several times a week, including the middle of the night. He lives in a retirement flat on a retirement village. His neighbours have been understanding but have now complained several times to the village management. He received a letter a few months ago asking him to stop it, and they are now intending to send a final warning letter after a meeting with the neighbour's family. This clearly states that he is in breach of his contract not to 'cause a nuisance, annoyance , disturbance, inconvenience, injury or damage' and he will be asked to move out and sell his flat if it happens again.

    My question is this: can they force him to move out bearing in mind he is nit voluntarily causing a nuisance, and is unable to control his outbursts or can we legally argue that they have a duty of care towards him and therefore cannot ask him to leave? I have sympathy with his neighbours, but this news will make his illness much worse.

    Thanks for any help on this!
     
  2. Bunpoots

    Bunpoots Registered User

    Apr 1, 2016
    2,671
    Nottinghamshire
    Welcome to DTP @Cazza0104

    I'm not sure if your dad can be asked to move because of his behaviour but suspect if he's in breach of contract he probably can.

    It's a very difficult situation for all involved. You say your dad is in the early stages of Alzheimer's but his behaviour sounds quite extreme. Has he been given any medication for Alzheimer's and did his outbursts start at around the same time. I'm asking this because my dad's behaviour became unmanageable in the early stages after he was given the higher dose of donepezil although he was fine on the lower dose.

    I think a talk with his GP or consultant would be a good idea to see if anything can be done about this behaviour. As you've found - asking him to stop is pointless.

    There will come a time when your dad will need more support so even if you can find a solution to the immediate problem it would probably be wise to start looking for alternative places that can better meet his needs in the future.
     
  3. Helly68

    Helly68 Registered User

    Mar 12, 2018
    351
    I very much agree with Bunpoots.
    Is it possible to meet with the management of the retirement complex? I have seen this kind of behaviour managed well in a care home (in a specific dementia unit) but I imagine it would be harder in another setting, although I think everyone will recognise that this is in no way his fault.

    Might also be worth getting a GP appointment to make sure he doesn't have an infection or anything else that might be causing this behaviour.
     
  4. Cazza0104

    Cazza0104 New member

    Jun 6, 2019
    3

    Thanks for your reply. He is currently on medication for depression and anxiety rather than specific alzheimers medication. He is under the care of the mental health team for older people whomare aware of this behaviour - it's the nurse who has told me it sounds like early alzheimers. His CT scan came back fine. I have asked for memory medication, but have been told be needs to get his anxiety sorted out first. He is convinced the medication gives him constipation if he takes the full dose however, so he only takes half.

    I know we must start thinking about alternative places, but he's not advanced enough for a dementia home - there doesn't seem to be any 'half-way' options...
     
  5. Helly68

    Helly68 Registered User

    Mar 12, 2018
    351
    You may be able to find a residential home (which takes people who don't necessarily have dementia) which may be suitable now, some also have a dementia unit, when that might be needed. My mum was still quite able when she went into a CH, but I think this helped her to meet others, join in activities and settle in.
     
  6. Bod

    Bod Registered User

    Aug 30, 2013
    1,111
    There are Dementia Homes, which have people with lesser needs, then as things progress, the home has different sections for those with greater needs.
    The huge advantage, is the person doesn't have to go through the upheaval of a major move, and is still with the staff who know the person well, still in a familiar building.
    It's a big move from where he is now, to a Care Home, but choosing the right one now, will prevent any crisis moves later on.

    Bod
     
  7. Cazza0104

    Cazza0104 New member

    Jun 6, 2019
    3
    Yes, although he is very anti going in to a home (he was in one briefly before he moved and hated it). I am thinking about getting 24 hour care and persuading the village to let him stay if we try that.
     
  8. clearpath

    clearpath Registered User

    Feb 20, 2018
    34
    I wonder what happens when people like that move into a home...can the home also ask them to move out if other residents get too disturbed...my dad was a bit like that last year but settled down...and hope it does not come back worse...
     
  9. canary

    canary Registered User

    Feb 25, 2014
    9,640
    Female
    South coast
    It depends on the home. Dementia units should be able to cope with it, but yes, some care homes only want people in the easy, early stages and once things start to advance they will give notice. This is especially true if the home has people with dementia and also people without dementia.
    Its one of the reasons I always advise people who are looking at homes to ask what sort of behaviour they would not tolerate.

    If you are concerned clearpath, go and talk to the manager - it will probably put your mind at rest.
     
  10. clearpath

    clearpath Registered User

    Feb 20, 2018
    34
    Thanks. Good to know as he is in a mixed type place...one other guy swears his head off at times and it upsets the women (of course)
     

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