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A bit of a !!!!!!s muddle...

SueC_2
Posts: 1,673 Forumite


First things first, this is someone else's situation not mine, but I've said I'll help by doing some research for them.
Adult son has been distanced (geographically and emotionally) from his mother for pretty much all his adult life (and much of his childhood) and although there has been limited contact, neither of them has had much knowledge of what's going on in the other's life.
Son has just been contacted to say that mother's husband (who is not son's father) has died unexpectedly and that mother has been taken into care as not capable of looking after herself. A pyschiatric assessment is taking place, but all predictions are that she will be diagnosed with some kind of fairly advanced dementia (is that the same as being declared non-compos mentis?).
Mother's husband has no known relatives.
From an initial assessment it would appear that their affairs are in a complete mess, with no clear records of debts owed, bank accounts, savings anywhere, even whether or not they (individually or together) owned their house.
Son doesn't know where to start, or even if he should bother. Mother is somewhere safe, being cared for and fed. Son is not motivated by inheritance etc.
Can he just walk away from their affairs? (Although the reverse question is equally valid - without Power of Attorney, can he actually deal with their affairs)?
I'm not looking for a moral debate, more the practicalities and most importantly the legalities of the situation.
Thanks all.
Adult son has been distanced (geographically and emotionally) from his mother for pretty much all his adult life (and much of his childhood) and although there has been limited contact, neither of them has had much knowledge of what's going on in the other's life.
Son has just been contacted to say that mother's husband (who is not son's father) has died unexpectedly and that mother has been taken into care as not capable of looking after herself. A pyschiatric assessment is taking place, but all predictions are that she will be diagnosed with some kind of fairly advanced dementia (is that the same as being declared non-compos mentis?).
Mother's husband has no known relatives.
From an initial assessment it would appear that their affairs are in a complete mess, with no clear records of debts owed, bank accounts, savings anywhere, even whether or not they (individually or together) owned their house.
Son doesn't know where to start, or even if he should bother. Mother is somewhere safe, being cared for and fed. Son is not motivated by inheritance etc.
Can he just walk away from their affairs? (Although the reverse question is equally valid - without Power of Attorney, can he actually deal with their affairs)?
I'm not looking for a moral debate, more the practicalities and most importantly the legalities of the situation.
Thanks all.
0
Comments
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Can he just walk away from their affairs?
Yes.(Although the reverse question is equally valid - without Power of Attorney, can he actually deal with their affairs)?
No.I'm not looking for a moral debate, more the practicalities and most importantly the legalities of the situation.
Legally, he has absolutely no obligations at all. But if he decides he wants to get involved for other reasons, he will need a PoA from the court of protection, as it would appear his mother would not be deemed capable of signing a PoA now.0 -
If he does want to get involved he'll need to apply to the Court of Protection to be appointed her deputy. If he's not willing to get involved then he will need to be absolutely blunt with SS because they will try to assume that he'll pick up the pieces.Eat food. Not too much. Mostly plants - Michael Pollan
48 down, 22 to go
Low carb, low oxalate Primal + dairy
From size 24 to 16 and now stuck...0 -
There is no requirement to get involved
It will likely resurface when mum dies.0
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