Worries re proceeds of house sale going to drug addict

JakiT

A friend of mine is worried about her drug using grown-up child who is due some money from the sale of the house from my friend's deceased ex (ie the father of the my friend's daughter). My friend said she was going to try and take over the financial affairs but doesn’t think her daughter will allow this because there are conflicts. She doesn’t want her daughter to get the money from the house sale and then blow it on drugs. I can see her side but I thought her daughter must have rights too so that she doesn't have her finances 'controlled' so to speak.

What options are open to my friend?

Many thanks

phill99

JakiT wrote: »

A friend of mine is worried about her drug using grown-up child who is due some money from the sale of the house from my friend's deceased ex (ie the father of the my friend's daughter). My friend said she was going to try and take over the financial affairs but doesn’t think her daughter will allow this because there are conflicts. She doesn’t want her daughter to get the money from the house sale and then blow it on drugs. I can see her side but I thought her daughter must have rights too so that she doesn't have her finances 'controlled' so to speak.

What options are open to my friend?

Many thanks

For the life if me I have no idea what you are on about.

BitterAndTwisted

Her only recourse might be via the Court of Protection if it can be persuaded that the daughter lacks capacity to make her own decisions. Not all drug addicts lack capacity, just adequate funds legally acquired to support their habits.

JakiT

Thanks B&T. Would her daughter need to be seen in order for the Court Of Protection to decide she lacked capacity or would they go on my friend's say-so? I wonder how they decide which drug addicts lack capacity? I used to work with drug addicts so I know they are all different, some are just light users and some much more chaotic. My friend's daughter is more of the latter category at the moment so she could be 'tempted' by money owed her, so to speak.

Argghhh

she would have to be assessed by somebody

xylophone

The daughter has been left a bequest in her father's will of a share of the proceeds of sale of his home?

His executor must comply with the terms of the will?

agrinnall

phill99 wrote: »

For the life if me I have no idea what you are on about.

Whatever it is the relevance to this board is tenuous at best - it would probably be better somewhere like the Relationship board (not that I've ever actually looked there to see what is discussed on it).

JakiT

I think yes to both those questions, Xylophone. I think mother is one of executors in fact?

JakiT

Agrinall - I'm new to these boards. I was searching for the most relevant section and couldn't find one for wills and inheritance. When you are new to boards you don't know all the subsections, a bit like when you are new to a town, it takes a while to find your way round. But as my question related to money I thought these would be appropriate boards. Have I missed something?

rosie383

Don't worry Jaki. I think they mean that this is less of a house buying etc problem and probably more of a relationship one. You could repost on the family and relationship board as suggested because I think you would get more answers from people who have had dealings of this nature. I hope you do manage to find some help for your friend.

JakiT

Thanks Rosie - I will do