Divorce and Dementia
Hilary Cragg
Solicitor and Partner specialising in Elderly Client Law. I do Wills, LPAs, care advocacy and Court of Protection work.
Can a person with a dementia get divorced?
If the person with a dementia has capacity to bring the divorce proceedings, then they are like anyone else getting a divorce. If they lack capacity, then they cannot instruct a solicitor to commence divorce proceedings.
So what happens if they do lack capacity? It doesn't stop their spouse bringing divorce proceedings, so they may still end up divorced. If they have an attorney, the attorney cannot commence proceedings, but could support them in proceedings brought against them, although the Official Solicitor is likely to be appointed to represent the person with dementia. Which means that they are a passive participant (although not passive in the financial negotiations) and it is likely to cost more money having the Official Solicitor involved.
Retired Nurse at Home Research Dementia
9 年That is a very thorny topic.I nursed my late wife with Cancer and she often said I should meet someone else.She had power of attorney over me as my Dementia was unstable then.I have never been interested in any more relationships as she is still with me 24/7.I am now in charge of my life despite family trying to take charge. Alex alexander lindsay
Digital and Data Exec Director/AI Strategist/Design thinking approach to Digital and Business Transformation. Digital FTE and Agentic AI implementation
9 年Very important issues raised