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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

Comments

Sea_Shell Posts: 10,144 Forumite

9 April 2024 at 11:21AM

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)
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