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Joshua, Lawyer
Category: Law
Satisfied Customers: 26634
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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How can someone take control and destroy someone else's

Customer Question

How can someone take control and destroy someone else's life? My friend was cheated against, him going and living with another woman. He wanted to come back they tried when he was taken ill. He's his mother has blocked all attempts of wife and children, her grand children, from seeing him. Only her side of family has been allowed to visit him. She has since gone to court and was awarded deputy on his behalf of his financial & property affairs. But this has the effect of giving her access to wife's affairs, which surely is illegal? Also it's the wife's opinion that she has redirected all the financial & property mail from the family home, she's done this before the wife has proof of the last time, but not this time. The wife has no mail since December 2017, which is also when the mortgage stopped being paid, hence mortgage was in arrears and wife knew nothing until Bank got in touch, there had been no mail from Bank either. So the wife is now in danger of losing her home, how can this happen she's done nothing to deserve this?
Submitted: 6 months ago.
Category: Law
Expert:  Joshua replied 6 months ago.

Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

  1. I am sorry to ready of the above. From what you say your friends husband's mother is not allowing any acces to her son to your friend or children?
  2. I presume from what you say that her husband has lost mental capacity as a result of his illness?
  3. Did your friend receive notification of his mother's aplication for deputyship?
Customer: replied 6 months ago.
Expert:  Joshua replied 6 months ago.

Thanks - which question is your answer in relation to? All of them?

Customer: replied 6 months ago.
Expert:  Joshua replied 6 months ago.

Thank you. Did your friend make any objection to her application for deputyship or ask to be joined in to proceedings? If not do you know why?

Customer: replied 6 months ago.
Expert:  Joshua replied 6 months ago.

I'm struggling to follow your replies when they are limited to one word at a time. Do I now understand that you wish to cancel? If so please contact customer services and they will process a refund

Customer: replied 6 months ago.
She was at her wits end and didn’t know what to do she did not respond I already told you she was granted deputy by the courts
Expert:  Joshua replied 6 months ago.

Thanks. THe above issues are all quite possible to deal with but they are not straightforward and they sorting through them on here will require some detailed engagement and with the greatest of respect without which I am not convinced we are going to make much progress. What I would recommend is that your friend makes an appointment to see a TEP qualified solicitor locally. From what you say she will need to consider making an application to the Court of Protection for co appointee as deputy and separately put in place a Deprivation of Liberty enquiry withthe local authority with regards ***** ***** not being able to see her husband. These steps are not overly difficult but they are not straigthforward and do require a degree of determination to see them through. If you would like to speak with one of my colleagues I can opt out or if you prefer you can contact customer services to process a refund. Best wishes.

Customer: replied 6 months ago.
Thanks Joshua that was very helpful once you got into it, also best wishes
Customer: replied 6 months ago.
what is a TEP qualified solicitor?
Expert:  Joshua replied 6 months ago.

Thanks for your reply. I apologise for my above comments. It is sometimes difficult when we are limited in interractions to this form of chat exchange and I was concerned that if we were likely to be limited to single word replies we were not likely to make much progress. But I would be delighted to continue to assist if possible. Would you like me to elaborate on some the above?

TEP = Trust and Equities Practioner. They are a subset of solicitors that have done additional exams that relate to private client work and are likely to be more knowledgeable than a standard high street solicitor. However any practice of reasonable size is likely to have a specialist "private client" department with solicitors that can assist.

Customer: replied 6 months ago.
Joshua my trying to cancel had nothing to do with with you, I was concerned with the way program was developing, first it £45 after my bank details, then £45/monthly, then £43 extra for phone conversations I was afraid it was going to run into costs I wouldn't be able to meet, and being honest I was thinking I might have been scammed.
Expert:  Joshua replied 6 months ago.

Thanks for the feedback and I'm sorry if the experience was not what you expected. As far as I am aware you pay to ask a question and after that any additional offers are entirely optional. As far as I can see you have accepted membership but nothing further. Customer services can cancel an unwanted membership without difficulty.

Would you like me to expand on the above or do you have any specific questions?

Customer: replied 6 months ago.
No thanks again all the best
Expert:  Joshua replied 6 months ago.

Many thanks - Just by way of summary, certainly as his wife if your friend has the will I would expect it to be very likely that she would both be able to obtain access using if necessary a Deprivation of Liberty procedure through the local council and separately apply to either take over deputyship or be added as a co - deputy with her husband.

As regards ***** ***** to finances, she has a right as deputy to access her husbands finances including any joint accounts but not anything helpd solely by your friend. Also it does not give her a right to trump your friend as regards ***** ***** banks etc and your friend can instruct any banks and so on to ensure correspondence is also address and sent to her on any joint accounts. if I can assist any further as the situation develops please do not hesitate to revert to me.