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Ask Clare Your Own Question

Clare, Solicitor
Category: Law
Satisfied Customers: 32994
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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We have been married for 14 years and 5.5 years ago my

Customer Question

We have been married for 14 years and 5.5 years ago my husband sustained a brain injury. Physically he is fine but has cognitive/behavioural issues that are causing prolonged emotional stress to our daughter 6 (was a baby when his injury occurred) and to myself. I am now considering supported living for him and my daughter and I would not live with him....but would continue to be part of his life, managing appointments, finances but also having family time with our daughter regularly, etc. Both new properties would be joint in names. I wondered how this may impact us legally? I plan to manage our finances together (as now) but wondered if we would be viewed as legally separated in terms of pensions and any other finances?
Submitted: 14 days ago.
Category: Law
Expert:  Clare replied 13 days ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Do you hold a Lasting Power of Attorney for your husband?

Customer: replied 13 days ago.
We have a signed power of attorney but it is not in place (just held at a solicitors). We have not looked at capacity testing and I expect he would be borderline - although he certainly does not have the insight to recognise his needs. If we sell our home and buy two properties (possibly in the same road) then I would organise support workers for him. Ideally we would find a home with annexe but it may take years for this to appear in the right location! Hope this helps ? Regards Nicola
Expert:  Clare replied 13 days ago.

For clarity then - you do not wish to end your relationship as such - you just need to live apart for the sake of your child - does that sum it up?

Customer: replied 13 days ago.
That sums it up yes. Sadly it's the only way that we can survive this! If that makes sense? my fear is that I have missed something legally/financially and that will impact us if his family (my in laws) try to interfere with finances....not because they don't trust me (which they can) but because they will want to ensure they protect my husband! (Note I have asked that they have him for respite but they say he is too difficult!) Hope this makes sense?
Customer: replied 13 days ago.
P.s this is an extremely emotional time for me and it is so very important to me to look after him always.....but the current way is not sustainable.
Expert:  Clare replied 12 days ago.

Is that a Lasting Power for both finances and Health and Welfare.

If so then Register them now and that will give you all the protection you need for the future that you have planned

There is no law that says that a married couple have to live together to be counted as a couple - and indeed there are many whose marriages survive better this way

Please ask if you need further details

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