1. lincsmom

    lincsmom Registered User

    Dec 14, 2006
    5
    Lincolnshire
    Hi there!
    I wondered if anyone can clarify a question about this whole next-of-kin thing. My husband's former mother-in-law (his late wife's mum) is in hospital and they are looking to move her permanently to a specialist EMI unit. This will mean that her home will have to be sold. Obviously it is nothing to do with my husband or me now, but Mum has a daughter in Canada and a grandson in Birmingham. Daughter in Canada has details of all Mum's finances but obviously grandson is here in UK. I have a vague recollection of reading a post on here some time ago that said that it was the person residing in the UK who would be deemed legal next of kin by our local authorities and expected to take the lead on all this sort of thing? Or will it be the daughter who should make the decisions?
     
  2. Norman

    Norman Registered User

    Oct 9, 2003
    4,348
    Birmingham Hades
    Hi Lincsmom
    a legal question which needs expert advice.
    I would suggest that you telephone Alzheimer's help line

    The number to dial is 0845 300 0336
    Norman
     
  3. jenniferpa

    jenniferpa Volunteer Moderator

    Jun 27, 2006
    39,439
    I think it might have been a post of mine. As someone who lives overseas but who was the only child of my mother I was more than a little disturbed to find that I would not have been considered my mother's nearest relative under the Mental Health Act. Only the Mental Health Act though. Apart from the logistics of dealing with finances etc from afar, there was nothing else to stop me acting on my Mother's behalf. Under the Mental Health Act there are specific rights that accrue to the "nearest relative": see here http://www.mind.org.uk/Information/Legal/LegalbriefHR.htm
     
  4. lincsmom

    lincsmom Registered User

    Dec 14, 2006
    5
    Lincolnshire
    Thanks

    That's all really helpful and thank you for replying:)
     
  5. 117katie

    117katie Guest

    The problem that I am having is that The Mental Health Act does not come into it - but the Mental Capacity Act apparently does.

    K
     
  6. Margarita

    Margarita Registered User

    Feb 17, 2006
    10,824
    london
  7. Margarita

    Margarita Registered User

    Feb 17, 2006
    10,824
    london
    http://www.dhs.vic.gov.au/health/hsc/resources/faq.htm


     

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