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Ask Buachaill Your Own Question
Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10587
Experience:  Barrister 17 years experience
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My husband is now living with his son because he has become

Resolved Question:

My husband is now living with his son because he has become too difficult for me to look after him. He has dementia. His son has taken over my husband's bank account. My husband had given me some money but my step son insisted that I give them back that money. It is making me live below poverty level. Can I get my money back legally cause I noticed they are spending it for vacations and making very expensive work on their house.
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
Buachaill :

1. In this situation, the son should not be taking the father' s money, as the father has dementia and is not of sound mind. This is wrongful appropriate of the father's money. Instead what should happen here is that you or someone else should apply to the Court of Protection to be become a Deputy to your husband so you can look after his affairs properly. Here is a link to the Government website which will set out how you become a Deputy to your husband. https://www.gov.uk/become-deputy/overview. Be aware that if you are Deputy you are not allowed to profit from running your husband's affairs. So it might be preferable if someone else became Deputy as then they could gift you money from your husband's money. However, it will prevent his son from abusing the situation and removing all the money from his father's accounts. In strict point of law, when someone has dementia they cannot operate a bank account. So you should notify the bank of your husband's dementia and have a clamp put on the bank account.

Buachaill :

2. To lawfully take money from you husband, someone has to be appointed a Deputy to his affairs. Otherwise, when your husband dies the executor of his estate can sue for the money back. Additionally, if a Deputy is appointed, they can sue the son for the return of the money he has taken.

Customer:

Can I legally retrieve the money they took from me. It was £7000.00

Buachaill :

3. If the money was your husband's, then you cannot legally retrieve the money from them as you do not have good title to it. However, whoever is appointed a Deputy to your husband's affairs could retrieve the money and gift it to you.

Buachaill :

4. Alternatively, if you can in fact show it was a gift, then you could legally retrieve it. However, here there are difficulties of proof as your husband has dementia and you would have to show he had legal capacity to make a gift.

Customer:

Thank you very much for your help.

Customer:

You have been very helpful and I will take your advice.

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