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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34581
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My ex husband and father to my 14 year old had a heart attack

Customer Question

My ex husband and father to my 14 year old had a heart attack and is now severely disabled and living in a care home, he has property which his family from abroad have come here to use. I am concerned over what my son is entitled to who had a good relationship with his father and if there is anything I can do to protect his property from being sold and if it can be put in his name?
Submitted: 4 years ago.
Category: Law
Expert:  Clare replied 4 years ago.
Hi
Thanks for using JustAnswer. My name isXXXXX will do whatever I can to answer your question.
Does your ex still have mental capacity?
Claire
Customer: replied 4 years ago.


Hi, he is severely brain damaged and would think he would agree to anything that was put to him. His family have appointed solicitors themselves who have power of attorney over his finances.

Expert:  Clare replied 4 years ago.
Hi
Are you receiving any child maintenance?
Claire
Customer: replied 4 years ago.

Hi Claire



I am receiving £240 per month as his company is still paying him but don't think for much longer.


 


Diane

Expert:  Clare replied 4 years ago.
Hi
What is the value of his assets?
Claire
Customer: replied 4 years ago.


His property is worth £200,000

Expert:  Clare replied 4 years ago.
Hi
The solicitor who has been appointed as Power of Attorney can only act in the best interests of the Donor of the Power - your ex.
I am afraid that your son has no claim on any of the assets whilst his father is alive - the only financial link is the ongoing claim for maintenance.
Once his income from sick pay has ceased then the CSA will attribute a "notional income" to his assets in excess of £65,000 so maintenance will still be payable whilst he owns the property.
In the event of his death if there is no Will (and no other children) your son will inherit everything
Claire
Clare and other Law Specialists are ready to help you
Customer: replied 4 years ago.


Hi,


 


Thank you for your reply to my complex question, this does help a lot but was wondering if there was a way I can stop his family selling or using his property i.e. put a hold on the property being sold? unfortunately his family are not here for his benefit and feel they are abusing his situation.


 


Many thanks


Diane

Expert:  Clare replied 4 years ago.
Hi
Unfortunately at this stage there is no action that you can take.
However the fact that the Attorney is a professional rather than a family member means that no funds can go missing - or that if they do compensation can be claimed
Claire