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  1. #1
    New User
    Join Date
    Apr 2010

    Can a person with dementia get divorced?

    I have a close relative who was Diagnosed a handful of years ago.Due to a huge family row with her husnbabd, offpsrings step father, over his friendship with another person, she is now banned from seeing her mother. Her concern is that she was being left alone at home for a lot of the time and getting depressed as she sensed somethinhg was going on. She has talked of wishing to be divorced.
    It turns out that an affair has been going on for some time, lady in question being fully aware of his wifes condition and possibiliy of her being neglected.She has already been sent to one far from pleasant respite home and asks is she is being punished and what for?
    My own husband had dementia and eventually went into care because of my own health, but his care was good where we live. Does it vary much from one county to another ?
    I am at a loss to help living too far away
    This relative is kept locked into a house while he is out and about and it is really worrying the family. all of whom are now banned from visiting

  2. #2
    Registered User Scottie45's Avatar
    Join Date
    Jan 2009

    Dear Loving Sister

    Hello and welcome to TP,i hope you will find the site useful,I am sorry about your sitution it sounds terrible.Maybe you need to contact Social Sevices as this must come under neglect.I think care is different every where there are some good care homes and some not so good.Sorry i am not much help but i am sure there will be others along soon who will be able to help you,take care Marian xx

  3. #3
    Registered User Norrms's Avatar
    Join Date
    Feb 2009
    Torquay Devon

    Hello and welcome

    hello and a big welcome to TP, i hope you get the answers you are looking for and it helps, i`m sure you will, best wishes, Norrms and family xxxxxxxx
    What do you mean i have Alzheimer`s? IVE BEEN DIETING FOR GODS SAKE !!

  4. #4
    Registered User Sandy's Avatar
    Join Date
    Mar 2005
    Hi loving sister,

    Welcome to Talking Point (TP) from me too.

    I do think that Marian had the right idea to contact Social Service for that area and report your concerns.

    You should be able to find something about this on the council's website, under adult social service and safeguarding.

    Here is one example from a council just to give you an idea of the type of information that you should be able to find:

    You might also want to look at this page from Action on Elder Abuse:

    As far as divorce is concerned, it would have to be shown that the person with dementia had the mental capacity to make this decision. If she did not, no one else could make it on her behalf (even if they had some form of power of attorney) as divorce is one of the areas that is specifically excluded by the mental capacity act:

    If you are unable to make some decisions and you have not made plans about this in advance, the Mental Capacity Act allows someone else to decide what should happen.

    However, some types of decision can never be made by another person on your behalf, whether or not you lack mental capacity. These include decisions about marriage or civil partnership, divorce, sexual relationships, adoption and voting.

    In contrast, decisions regarding compulsory detention and treatment for a mental disorder can be made without consent, whether or not someone has capacity, under the Mental Health Act 1983. The Mental Capacity Act therefore does not cover these decisions.

    Take care,

    Talking Point Member

  5. #5
    Registered User PostTenebrasLux's Avatar
    Join Date
    Mar 2010
    London & Oxford
    Hello Loving Sister,

    Welcome to this amazing support group - sadly though that you had to find your way here.

    My experience is often best to approach a solicitor specialising in Dementia/Alzheimer etc and presenting FACTS which enable all parties concerned to take an educated and fully evaluated decision. Knowledge is power, knowledge of your rights, your obligations and no doubt your sister's needs.

    Best wishes for the stressful and worrying times ahead. We are here to support you.


    POST TENEBRAS LUX - after Darkness there shall be Light
    Facebook closed group "Posterior Cortical Atrophy Awareness" (nearly 900 members)
    I cared for my late cousin with Posterior Cortical Atrophy (PCA), one of the first 50 to be diagnosed in the UK (currently about 1000 diagnosed in the UK)


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