HELP PLEASE, mental incapacity

[meandmymate]

Hi, i new, and at a bit of a loss on how to help ex daughter in law going through it at the moment.

 

apparently there is an outstanding debt to a bank, who applied for a money judgement. the money judgement was not awarded at the time due to my ex DIL's mental health which was picked up by the judge, and the case was adjourned.

 

my ex daughter in law's psyiatrist (sorry cant spell it) on instruction from the court, wrote to the banks solicitor advising that she has mental incapacity (under some act that i cant remember at the moment) and needed a legal litigant friend if legal action was being persued. the bank then wrote the court saying that they wanted a further adjournment to instruct the Official Solcitor.

 

but who is the offical solicitor? my ex daughter in law does not have one, and surely the banks solicitor would be biased. how can a case go ahead if the person being taken to court has been deemed by a doctor, mentally incapacitated? a judge has agreed (without a hearing or consulting my ex DIL) with the banks solicitor and allowed a further adjournment to allow the offical solicitor.

 

who pays for this offical solicitor? does ex DIL have to talk with them? can she appeal?

 

this is all over my head, im a pensioner, i dont know what i can do. i want to do what i can to help her, she was very supportive of me when i had my troubles and it wasnt her fault my boy went off with someone else.

 

does anyone know anything about this type of thing?

[unclebulgaria67]

I think the official solicitor is one appointment by the court from a list. They will act from your ex DIL as her Solicitor and are nothing to do with the Bank. I think they will be funded by the legal aid budget, subject to them looking at your ex-DIL financial status, which may require her to pay back a portion. The court should provide full details of this, if they have agreed to appoint the Solicitor.

 

Wait to here from the court or Solicitor appointed. Post back if you have any questions, as there are people on here who are more informed than me.

 

Have found this which explains more.

 

http://www.justice.gov.uk/about/ospt

[meandmymate]

Thank you for your advice. I am a bit clearer now.

 

Will ex DIL have to attend the new hearing, or will the solicitor do the talking for her?

 

i presume the bank will get their order and put a charge on ex DILs flat. What are the chances of them making her sell to get their money? Im in sheltered accomodation so she cannot come and live with me. Could she even sell with a charge on the place anyway?

 

she is on benefits. But im not sure shes even capable of arranging a sale, if you are able to sell with a charge of course.

 

this business is just creating even more questions.

[citizenB]

Will flag thread for Site team to look at. They might have some ideas.

[ScarletPimpernel]

The Official Solicitor acts where a defendant lacks mental capacity.

 

More details and how it's paid for are here.

 

The Mental Health Act defines capacity - in other words the ability to understand and deal with legal issues - and the involvement of the Official Solicitor is designed to protect an individual who lacks capacity. The patient's psychiatrist certifies the lack of capacity.

[meandmymate]

Thank you scarlet. Can you shed any light on my second post and questions therein?

[ScarletPimpernel]

Thank you for your advice. I am a bit clearer now.

 

Will ex DIL have to attend the new hearing, or will the solicitor do the talking for her?

 

i presume the bank will get their order and put a charge on ex DILs flat. What are the chances of them making her sell to get their money? Im in sheltered accomodation so she cannot come and live with me. Could she even sell with a charge on the place anyway?

 

she is on benefits. But im not sure shes even capable of arranging a sale, if you are able to sell with a charge of course.

 

this business is just creating even more questions.

 

In general terms, the Official Solicitor will act for your DIL in the court hearing. She shouldn't need to speak, or even be there - it is because she doesn't have capacity to do it herself that the OS will be involved. I suspect that a charge on property will be the most likely outcome unless there is a valid defence.

 

It's very unlikely, in my view, that the bank would be able to get an order for sale, and I expect they won't ask for one.

 

It may be that, in the future, if your DIL cannot manage her own affairs, that she may come under the Court of Protection. This is, in simple terms, a sort of official Power of Attorney.

[citizenB]

[quote name=andyorch

 

http://www.guildhallchambers.co.uk/uploads/docs/section9/MentalCapacityActSSP.pdf

 

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part21

 

More bed time reading for you

[citizenB]

This thread is now in "General Legal Issues"

 

It is purely an administrative move.