Mental Health Act - next of kin - property

The_Hosepipe

Just a brief outline,

When i was 12, my Dad was sectioned under the Mental Health Act, he was found Guilty of Manslaughter on the Grounds of diminshed responsibilty. Because of what had happend me and my Brother were moved out from the Family home permnantly and have not been back since.

Following that incident, my Uncle ( Dads Brother) through my Dads Solicitor was given a letter authorizing him to look after the House and any future Rent. ( Note this was not a Power of Attorney, i have had this confirmed by my Dads Doctor). Ever since then i have discussed this with my Dads brother and we have always agreed that the house will come under me and my Brothers control, when we ask for it.

However seeing as the House has been under Rent for the last 13 Years, i or my Brother have not seen a penny of that, surely as next of Kin, we should have some sort of right over it? My Uncle refuses to hand over any of the Rent Money, and my Dad is imo is being brainwashed by my Uncle in the respect of being lied to about the House, things are being said like no Money has been made, the Rent Money has gone on maintnance etc. However my Dad keeps siding with him, and saying he has looked after the house, let him get on with it etc.

My Question is as the Sons, as the Next of Kin, surely we have some sort of right over the Family home?

Annisele

I'm sorry; that sounds like a very difficult situation. Unfortunately the answer to your question is a straight no. Your father is still alive, and the property is his. The only person with any rights over it is your father.

If you think your uncle is defrauding your father, that's an entirely separate issue.

I can't think of a delicate way to put this, so I'm afraid I'm just going to ask. Does your father now have mental capacity to deal with his own affairs? If yes, then he has the right to let his brother deal with things (no matter how unwise you think that is). If not, then you should probably be thinking along Court of Protection lines.

The_Hosepipe

Annisele wrote: »

I'm sorry; that sounds like a very difficult situation. Unfortunately the answer to your question is a straight no. Your father is still alive, and the property is his. The only person with any rights over it is your father.

If you think your uncle is defrauding your father, that's an entirely separate issue.

I can't think of a delicate way to put this, so I'm afraid I'm just going to ask. Does your father now have mental capacity to deal with his own affairs? If yes, then he has the right to let his brother deal with things (no matter how unwise you think that is). If not, then you should probably be thinking along Court of Protection lines.

Yes he has got Mental Capacity to deal with his Property, so i accept what you are saying, that it is his House and he can do what he wants.

What about the issue of Power of Attorney, my Uncle was not given the Power of Attorney, he was just given a letter by my Dads Solicitor, saying he is being out in charge of the Property. Will such a letter be recognised legally?

Annisele

The_Hosepipe wrote: »

Will such a letter be recognised legally?

By "legally" do you mean "in court"?

The matter will only ever reach a court if your Dad (or another co-owner of the property) is unhappy. If the property is solely owned by your Dad, and your Dad is happy with your uncle's actions, then the uncle doesn't need a power of attorney.

Is it possible the rent money actually has gone on maintenance / paying the mortgage? Depending on the term of the mortgage (and whether or not it's repayment), and on how many void period there have been, that does sound like a possibility to me.

The_Hosepipe

Annisele wrote: »

By "legally" do you mean "in court"?

The matter will only ever reach a court if your Dad (or another co-owner of the property) is unhappy. If the property is solely owned by your Dad, and your Dad is happy with your uncle's actions, then the uncle doesn't need a power of attorney.

Is it possible the rent money actually has gone on maintenance / paying the mortgage? Depending on the term of the mortgage (and whether or not it's repayment), and on how many void period there have been, that does sound like a possibility to me.

As i understand it, the Mortagage was already paid off.

Do you need a Power of Attorney to sell a House, or Rent it out?

Annisele

I don't normally recommend this, but you might want to go back over your previous posts and edit out some of the details. The circumstances you've described are so unusual that I suspect they're enough to identify you. Identifying yourself on a website like this tends to be a bad plan.

All I feel qualified to say is that the law in this area can be complicated.

If your concern is for your father (because you think your uncle is defrauding him), then if your father has mental capacity the only thing you realistically do is go to the police.

If your concern is for yourself or your brother (because you think money that ought to come to you isn't) then I can only suggest you see a solicitor. It will be hard for anybody here to say much without knowing the full story - but you can't really post the whole story.

As to your specific questions, you can't sell somebody else's house without a power of attorney - but you can arrange the sale (or let), and then have the owner sign the documents.

[Deleted User]

Hmm, if your father was judged to be capable of managing his own finances (which would be the case if power of attorney was not granted) and in turn he chose to appoint your uncle the "manager" of his property I suspect that you have no recourse, especially if your father continues to be happy with the arrangement.

If you believe that your uncle has brainwashed your father you may be in a position to claim that he has taken advantage of your father, however you would need to answer questions about why you have not mentioned this for over a decade. If you wish to go down this route you need to talk to a solicitor. Personally I would not recommend it because you have no inherent right to money earned in this manner however I am not a legal professional.

The land registry will provide you the information you need when it comes to the mortgage, it will cost a few pounds: https://www.gov.uk/search-property-information-land-registry

silvercar

The_Hosepipe wrote: »

Just a brief outline,

When i was 12, my Dad was sectioned under the Mental Health Act, he was found Guilty of Manslaughter on the Grounds of diminshed responsibilty.

A sectioning under MHA will only be for a set time initially; it can be extended. Even when someone is sectioned they are legally allowed to make decisions if they have the mental capacity to do so. For example, someone sectioned because they are a danger to themselves would still be allowed to control their own finances.

Assuming that a manslaughter charge would involve a prison sentence, it is entirely reasonable that your Dad would ask an adult near relative to watch over their affairs on a temporary basis.

power of attorney/ next of kin/ nearest relative (in MHA terms) can be 3 different people!

It is a bit of a minefield