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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33300
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My husband and I are divorcing on grounds of 5 year plus separation.

Customer Question

My husband and I are divorcing on grounds of 5 year plus separation. It is amicable.He has had a stroke which I nursed him through three years ago and since then I and his four children (all grown up) have supported him, I pay his mortgage, bills and give him his money, he now has had a capacity assessment suggested by his sister. He has had a letter telling him his affairs will now be managed by the COurt of Protection. He is distraught, he did not realise this is what this would mean. He has asked us to help, I don't know what to do. On a more selfish note, will this stop the divorce going through? I run a business which I ran with my husband prior to the stroke, we rely on it for both our incomes although Chris no longer working. The premises of the business are jointly owned - can the Court order their sale, he and I are very worried. Help
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Who has actually written to him and what does it say?
Clare
Customer: replied 2 years ago.

A solicitor he consulted about the divorce decided he needed a capacity assessment when this was suggested to her by his sister who accompanied him to the appointment. He went to see a clinical psychologist not realising why she wanted this. He has received no letters as these have all gone to his sister. The first he realised what was happening was when the estate agent selling his property (he was moving in a jointly owned property at his request) called him to say he had received a letter saying that he had been found not to have capacity to conduct his financial affairs and an application had been made to the CofP for a deputy to be appointed so the house had to come off the market. His solicitor was asked to visit him today and for his daughters to be there to help him understand what was happening and she refused to allow them to stay. He is very unhappy and we feel his rights are being infringed. As further information, I have received a letter today to say he is consenting to the divorce and is considered to have capacity re the divorce but not financial elements so she is applying to the Court and to the Family court for his sister to be both a deputy and litigation friend. She also says he can't pay his legal bill and I have to send her £15,000. We are both now distraught, please help.

Expert:  Clare replied 2 years ago.
Hi
Is there any reason why one of your children cannot be his Deputy?
Clare
Customer: replied 2 years ago.

No they could if acceptable,

Expert:  Clare replied 2 years ago.
Hi
Have you been given formal notice of her application to be appointed as his deputy?
Clare
Customer: replied 2 years ago.

I believe so, I have had a letter saying they are applying to the Court of protection for her to be appointed his deputy.

Expert:  Clare replied 2 years ago.
Hi
Then your children should notify the Court Of Protection that they wish to challenge this on the grounds that it shoudl be one of them who takes this over - not his sister.
They should do this as a matter of urgency - and you certainly should not send his sister any money
Please ask if you need further details
Clare

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