A Technical Question

script

Just a thought - I assumed that to "represent" someone - i.e. petition for B/R on their behalf and do the OR's interview for them - you would have to have their POA.

But is there a better, possibly more simpler way?

JCS1

script wrote: »

A husband and wife are both going to petition for B/R.

The wife is suffering from a serious illness – and would not medically be able to attend or do a telephone interview with the OR.

The husband has power of attorney for his wife.

Will he be allowed to do the OR’s interview on behalf of his wife? (bearing in mind that he too will have his own interview with the OR).

The husband needs to explain this to the OR when they have an initial call.

Assuming a lot of the debt is joint, they might interview the husband only and write the wife up as a no interview case.

script

I would be so grateful if anyone has any ideas how best to represent someone who is medically unable to petition for B/R or do the OR's interview.

debt_doctor

Rather long winded, but the section in red would be the prefered approach............


Persons Incapable of Managing Their Affairs

March 2001
19.110 The incapacitated person

The Rules make a special provision for a person subject to insolvency proceedings where it appears to the court that the person is incapable of managing and administering his/her property and affairs, either by reason of mental disorder within the meaning of the Mental Health Act 1983 or owing to a physical affliction or disability [note 1]. The person concerned is referred to in the Rules as "the incapacitated person."

19.111 Mental Health Act 1983

The Mental Health Act 1983 defines mental disorder as mental illness, arrested or incomplete development of mind, psychopathic disorder and any other disorder or disability of mind, and mentally disordered shall be construed accordingly.
19.112 Appointment of other person to act

Where a person is incapacitated, the court may appoint such a person as it thinks fit to appear for, represent or act on his/her behalf [note 2]. The appointment may be made either generally or for the purpose of a particular application or proceeding, or for the exercise of particular rights or powers which the incapacitated might have exercised except for his/her incapacity [note 3].

The court may make the appointment either of its own motion or on the application by a person who has been appointed by a court in the United Kingdom or elsewhere to manage the affairs of, or to represent, the incapacitated person, or any relative or friend of the incapacitated person who appears to the court to be a proper person to make the application, or the official receiver, or the person who, in relation to the proceedings, is the responsible insolvency practitioner [note 4].

The application may be made without notice but the court may require such notice of the application as it thinks necessary to be given to the person alleged to be incapacitated, or any other person, and may adjourn the hearing of the application to enable the notice to be given [note 5].
19.113 Affidavit in support of application

If the application is made by a person other than the official receiver, the application shall be supported by an affidavit of a registered medical practitioner as to the mental or physical condition of the incapacitated person [note 6].

Where the application is made by the official receiver, a report made by him/her is sufficient (see paragraphs 19.55 -19.56) [note 7]. Given the need to establish a mental disorder within the meaning of the Mental Health Act 1983 or physical affliction or disability, any report from the official receiver should exhibit any communication or report from a registered medical practitioner in support of the application but this need not be in affidavit form.
19.114 Service of notices following appointment
Any notice served on, or sent to, a person appointed under rule 7.44 has the same effect as if it had been served on, or given to, the incapacitated person [note 8].
Where the official receiver is dealing with a person mentally or physically incapable of dealing with the proceedings, where possible, this should be dealt with on an informal basis. This should avoid any necessity to apply to court for the formal appointment of a representative, without forgetting the underlying seriousness of the overall situation. Once evidence is produced to satisfy the official receiver of a person’s incapacity, an informal approach should be made to their spouse or other relative or a person who is likely to be able to provide the official receiver with the information required.

DD

script

DD - thanks so much, your reply is invaluable - as it means there no need for a POA with all the potential problems that might bring