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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34895
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 husbands mother has been diagnosed with dementia she has

Customer Question

My husbands mother has been diagnosed with dementia she has a will and the house etc goes to my husband . His mums cousin an her daughters been round an taken his mums deeds to the house an bank book we need to no legally how we stand many thanks for any advice
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year 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

On what basis have they done this and has your mother in law appointed anyone to hold Power of Attorney on her behalf?

Customer: replied 1 year ago.
No she hasnt a power of attorney her son is her only child the cousin says his mother has given her them but she has been diagnosed with dimentia an can forget somethin she did ten mins ago she has willed the house to my husband which was done a few yrs ago when she was ok but we r just worried yvthey want the deads an can they do anythin with them many thanks
Customer: replied 1 year ago.
Can we get new ones?
Expert:  Clare replied 1 year ago.

Does his mother still have Mental Capacity at all?

Customer: replied 1 year ago.
she can remember anythink in the past but forget somethin from ten mins ago she nos who we all r etc she was assed because she took all her tablets in one day
Expert:  Clare replied 1 year ago.

Would she still have sufficient mental capacity to sign a Power of Attorney do you think?

Customer: replied 1 year ago.
i think u could tell her she needed to do it she would forget by the next dayu would need to remind her
Expert:  Clare replied 1 year ago.

You need to check with her doctor if he or she beleives that your mother in law has mental capacity.

If so then arrange for her to see a solicitor to sign one.

If not then your husband needs to apply to be appointed as her Deputy

Details here

He can then demand the return of the documents removed by his Cousin.

Please ask if you need further details

Customer: replied 1 year ago.
Thanku for your help if once we have sorted the power of atturney do you write letters if needed to send one to the cousin or would i need to one in person?
Expert:  Clare replied 1 year ago.

You can instruct a solicitro to send one - or I can help you write one for your husband to sign