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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34897
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 mothers husband walked out on her 8 weeks ago but he was

Customer Question

My mothers husband walked out on her 8 weeks ago but he was living with her illegally as she had never reported she had married him and was claiming her benefits as a single woman. They were together for 14 years and in all that time she supported herself. She had a stroke 8 years ago and developed Dementia and over the past 5 years at least he has been verbally abusive to her and it has now come to light from some things she has said that he was sexually abusive to her also and used her Dementia as a cover up. He is now saying that he is legally entitled to all her money and demanding that we give him contact to her but she does not even know him now with her dementia. He moved in with his daughters when he left her and they did not want him so they told him to get his own place which he has done so his own family do not even want him. How do we stand as regards XXXXX XXXXX Mum a divorce from him? and keeping him away from her?
Submitted: 4 years ago.
Category: Family Law
Expert:  joannem1965 replied 4 years ago.

I assume that your mother does not have the mental capacity to make this decision herself now?
Customer: replied 4 years ago.

At the moment no and by the way she is 83 years old

Expert:  joannem1965 replied 4 years ago.

Thank you. This is actually more serious than this. He was not living with her illegally, but she was committing benefit fraud and he may be an accessory to that.

He is not entitled to her money at all. Even though she has dementia, the money remains hers to be used for her benefit although if the benefits agency become aware of this, they will want the money repaid that she has over claimed.

However I am going to pass this onto another expert who I think would be better placed to answer this question for you with regard to the dementia and divorce.

Kind regards

Expert:  Clare replied 4 years ago.
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
Have you applied to be appointed as her Deputy?
Customer: replied 4 years ago.

what do you mean by deputy?


Expert:  Clare replied 4 years ago.
I am sorry - you would know it as "Controller"