We'd like to remind Forumites to please avoid political debate on the Forum... Read More » This is to keep it a safe and useful space for MoneySaving discussions. Threads that are - or become - political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Mental Capacity and Divorce

Sea_Shell · 2024-04-03 07:02:06

Two questions, if I may... Can an Attorney instigate divorce proceedings on behalf of the donor, if it would be in their best financial interests to do so? On the flip side, can someone instigate divorce proceedings against someone who lacks capacity, with or without them having a PoA in place? Thanks

Options

Comments

Sea_Shell Posts: 10,028 Forumite

9 April 2024 at 12:21PM

There is also the potential conflict of interest to consider, with regards any action that would sever the Joint Tenancy of the marital home, as without wills to the contrary, intestacy would apply which could favour the adult children, if they were divorced.

How's it going, AKA, Nutwatch? - 12 month spends to date = 2.60% of current retirement "pot" (as at end May 2025)
0

★ ★ ★ Meet your Ambassadors

Confirm your email address to Create Threads and Reply

MSE News

British Airways passenger? Book and travel using your old Covid vouchers NOW – or lose them
If you had a British Airways (BA) flight or holiday disrupted by the Covid-19 pandemic, check if you've got an old voucher as millions of pounds' worth are still unclaimed. You'll need to use it to travel before the end of September 2025 – or risk losing it. Below we explain how to search for unused vouchers and how to use them.

View All

Mental Capacity and Divorce

Comments

Confirm your email address to Create Threads and Reply

🚀 Getting Started

Categories

Is this how you want to be seen?

Get our FREE Weekly email full of deals & guides - and it’s spam-free