Can my sister in law sell my mum's house and telling him ever, she has mental capacity and my sister in law is telling everyone that my mum is a "vegetable" I am shocked by this lie and disgustingly disrespectful description of my mum in law. This is killing my partner his Mum. Please help us stop her
Selling Mums house
- Thread starter Ellewin
- Start date
Hello and welcome to talking point.
I have a number of questions (sorry). Does your sil have a financial lpa? Where is your mil living? Does your mil have a diagnosis of dementia?
I have a number of questions (sorry). Does your sil have a financial lpa? Where is your mil living? Does your mil have a diagnosis of dementia?
Need more detail on the exact situation? Your post is a little confusing.
At the end of the day, it's down to mental capacity, and if this has not been formally ascertained, it needs to be.
At the end of the day, it's down to mental capacity, and if this has not been formally ascertained, it needs to be.
Can I just point out that a formal assessment of capacity may not be needed unless the lpa (if there is one) makes it a requirement.
The reality is, assuming that there isn't such a requirement, if (for example) a person is in a care home because they aren't safe in their own house and has no understanding that 1) they need to be there and 2) the house needs to be sold to pay the bills, it's entirely likely that no formal assessment of capacity will be required.
Edit: in fact a registered lpa is often used as a general poa for people who have assets in the UK but who reside overseas where there is no hint of dementia or lack of capacity. I doubt that's what is going on here, but it's important to note that without restrictions written into it, a registered lpa for finances may quite possibly be used when the donor still has capacity. The remedy if the donor has capacity and doesn't care for the attorneys actions is to revoke the lpa.
The reality is, assuming that there isn't such a requirement, if (for example) a person is in a care home because they aren't safe in their own house and has no understanding that 1) they need to be there and 2) the house needs to be sold to pay the bills, it's entirely likely that no formal assessment of capacity will be required.
Edit: in fact a registered lpa is often used as a general poa for people who have assets in the UK but who reside overseas where there is no hint of dementia or lack of capacity. I doubt that's what is going on here, but it's important to note that without restrictions written into it, a registered lpa for finances may quite possibly be used when the donor still has capacity. The remedy if the donor has capacity and doesn't care for the attorneys actions is to revoke the lpa.
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Helo Ellewin and welcome to the forum. Sorry that you have had to find us here.
The term "vegetable" is really not nice, and you obviously have some issues with your husband's sister. As said in previous posts, it would be helpful if you could say if MIL has a Power of Attorney set up at all? If it is your MIL's daughter who has been looking after her Mum it may have come to the stage where the family home has to be sold in order to pay for her care - it happens all the time and it's very sad.....
If you could give us some more information.....?
The term "vegetable" is really not nice, and you obviously have some issues with your husband's sister. As said in previous posts, it would be helpful if you could say if MIL has a Power of Attorney set up at all? If it is your MIL's daughter who has been looking after her Mum it may have come to the stage where the family home has to be sold in order to pay for her care - it happens all the time and it's very sad.....
If you could give us some more information.....?
