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Clare, Solicitor
Category: Law
Satisfied Customers: 35058
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My son who has a mental heaslth illness has been told by his

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My Son Roger has a mental illness and is going through a divorce. His wife went to the family court to get as much money from Roger as possible. The court hearing was put back due to Rogers mental health as his Psychiatrist wrote to the court confirming he was unable to deal with the financial and issues statement. He has been so ill that he has not communicated with anyone his solicitor who has said she cannot work for him as he is not giving her instructions, nor his wife’s solicitor who is now seeking a penal notice nor his family.

Roger has an appointment with his Psychiatrist on the 28th May and the court hearing is on 5th June. I doubt if he is well enough to attend the hearing and he does not have a solicitor to represent him. I am sure his Psychiatrist will confirm he is too unwell to appear and deal with these issues at present.

We also think that as he has not been to work since September 2014 he has probably lost his position with his employer. He thus has no income to pay his wife & daughter from or live on.

What can I as his father do to help him with this legal mess? His wife’s solicitor is asking me to get him to communicate and engage with the process but I have been unable to.

***** *****smith

Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What Income does your son have.
Does the Psychiatrist say that he is simply not well enough to deal with this - or that he is currently mentally incapable of understanding the issues?
Customer: replied 2 years ago.

As my son has not been to work since September 2014 it is my opinion that his employer has terminated his employment so he therefore will not have any income. (Roger will not open any of his post thus was unable to tell me if he still has employment with Amazon) He did earn with share bonuses £100,000+ pa.

The psychiatrist letter to the court dated 4 Feb 2015 said "he is not in a fit state to attend to court related papers or to engage with divorce related proceedings at the present time" He recommended that an adequate period should be about 2-3 months going forward. Obviously this depended on any improvement that he will make with the current prescribed treatment interventions. The psychiatrist says in a later letter (27th March) to Roger's GP that part of Rogers illness may be due to lack of acceptance that he does have a mental health problem. Roger did not reply to any communications from anyone for two months. However I have just got him to reply to his wife's solicitors last threat of a penal notice. Threats are just making him worse.


What is the actual diagnosis?
Customer: replied 2 years ago.

A Depressive Disorder so low mood, poor attention and concentration. Possibly Bipolar Disorder but the Psychiatrist needs more time to assess Roger before confirming this. The Psychiatrist has tried to get Roger to go into a hospital for treatment but he refuses to do so at present.


Could you ask the psychiatrist of he believes that your son actually has mental capacity to deal with thelegal issues?
Customer: replied 2 years ago.

Yes I could but I am sure he will say that when he is well Roger has the mental capacity to deal with these and work etc. However at present as he is ill he cannot. The psychiatrist in a letter to the court dated 4 Feb 2015 said "he is not in a fit state to attend to court related papers or to engage with divorce related proceedings at the present time" We next should get an update on Rogers mental health on the 28th when he next sees the psychiatrist. Roger has not sent in his financial statement or issues statement and his solicitor has informed the court she cannot deal with his case as he does not instruct her. How can he, he is ill and it has taken me two moths to get him to respond to my calls. Meanwhile Sara's solicitor send threats about a penal notice.

If your son is currently too incapacitated to deal with matters then his interests should be represented by the Official Solicitor.
Whether or not they should be involved is first a medical issue - does your son's mental heath require it; and then a legal one - matters must be adjourned whilst his solicitor contacts the Official Solicitor to seek their assistance
Since the psychiatrist has already made his feelings on court action clear you need an updating letter confirming the current position - and dealing with the question of when he may have capacity.
the solicitor then needs to apply to the court for a direction that the Official Solicitor be invited to represent your son
The alternative is for you to apply to be appointed as his deputy so that you can deal with the issues - an adjournment will still be required as this will take a little time.
I hope that this is of assistance - please ask if you need further details
Clare and 2 other Law Specialists are ready to help you