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Elderly relative suffering impared judgement...

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  • Elderly relative suffering impared judgement...

    I live in a property owned by a now elderly family member who has recently been discovered to be suffering from a particular mental illness.
    Since inheriting the property by intestate this family member has shown zero interest in my welfare/maintenance of the property which is suffering greatly from neglect.The property is run down to the point of being unhealthy to live in,and while this family member is quite aware of the situation could not be less interested.

    They would unlikely be prepared to consent to granting power of attorney to me,such is the nature of their mental state they are deluded that everything is OK and they are quite competent.I am not sure how aware their GP may be of their current mental state,but plan on bringing it up with their local health authority.As yet there is quite possibly no diagnosis of their condition.

    Any advice on how I might proceed would be most welcome. ...Thanks
    Tags: None

  • #2
    Regarding your home and your options Shelter have a good website: What to do if your private landlord won’t do repairs - Shelter England

    Regarding your relative I would in the first instance have a chat with her GP.
    Relatives are often the first to alert doctors of their patient's mental problems

    Comment


    • #3
      Originally posted by Des8;N1562006
      Regarding your home and your options Shelter have a good website: What to do if your private landlord won’t do repairs - Shelter England
      This does'nt apply to me as I do not have a formal agreement with them.As mentioned earlier they inherited the property - where I was already living - intestate,and allow me to continue to live there.I have been resident at the property lifelong,51 years.I have discussed the maintenance issues with my local council,who while the property is private have an obligation to step in if the property is unfit.In my case though they cannot act as I am classed as a ''tenant at will''.

      Originally posted by Des8;N1562006
      Regarding your relative I would in the first instance have a chat with her GP.
      Relatives are often the first to alert doctors of their patient's mental problems
      This is my plan,although I've had a look online,and it seems that a diagnosis is first required which then leave two realistic avenues to me;Lasting Power Of Attorney -if they would be persuaded to grant,or Court Appointed Deputy.

      Comment


      • #4
        If you are appointed Attorney or Court Deputy you can only act in the best interest of the donor.
        Whether or not bringing the house you occupy up to standard at the donor's expense is in their best interest is something you would need to ascertain.

        Why not persuade your relative to give you a proper tenancy for which you pay a nominal rent?
        Presumably would it not then be covered under The Homes (Fitness for Human Habitation) Act 2018?

        Comment


        • #5
          You have lived there for years. Why did you let it get so run down ? Have you previously shown any interest/concern for your elderly relative ?

          I presume he could just sell the place.

          Comment


          • #6
            Originally posted by des8 View Post
            If you are appointed Attorney or Court Deputy you can only act in the best interest of the donor.
            Whether or not bringing the house you occupy up to standard at the donor's expense is in their best interest is something you would need to ascertain.

            Why not persuade your relative to give you a proper tenancy for which you pay a nominal rent?
            Presumably would it not then be covered under The Homes (Fitness for Human Habitation) Act 2018?
            ...I may have to persue the Court Deputy route if anything.

            As for persuading them of anything,that is extremely unlikely given their mental state.They simply do'nt care unfortunately.and therein lies the problem.

            Comment


            • #7
              Originally posted by Scot22 View Post
              You have lived there for years. Why did you let it get so run down ? Have you previously shown any interest/concern for your elderly relative ?

              I presume he could just sell the place.
              You are making assumptions .I take care of as much maintenance as I am able,but am precluded in much of what I can do what with the property being a flat in a block.Either way,it's not my responsibility.
              My relative has also refused to liase with the property management company etc.

              As far as showing interest/concern for my relative, ?.Yes,too much.They have never been especially social (to put it mildly),with this proven by their close family etc having taken to avoiding them.My own experience is that they have never reciprocated as to what I have done for them in the past.They are just takers unfortunately.
              To evict me from the property would help confirm their attitude to the other members of the family,and their behaviour is based on keeping up appearances.

              Comment


              • #8
                Appreciate your courtesy. Apologies. Unfortunately a limitation of forums is limited knowledge of context.

                I have some leasehold. Law knowledge. It is almost certain that he will have covenants requiring him to keep flat in good state of repair. Complain to managing agent there is a breach of the lease and action is needed again. Thanks for the politeness of your response. I've learned my lesson.

                Comment


                • #9
                  Or complain to your local council. If it really is unfit they may apply for an order for the flat to be brought up to a reasonable standard/

                  Comment


                  • #10
                    Originally posted by Scot22 View Post
                    It is almost certain that he will have covenants requiring him to keep flat in good state of repair. Complain to managing agent there is a breach of the lease and action is needed again.
                    A useful piece of advice,though the managing agent are proving less than helpful unfortunately.Thanks however.

                    Comment


                    • #11
                      Originally posted by ostell View Post
                      Or complain to your local council. If it really is unfit they may apply for an order for the flat to be brought up to a reasonable standard/
                      Yes,have tried the council for assistance too and they are probably even less helpful than the agent.Aside from the leaseholders,both organisations who wish to avoid responsibility and blame the others.
                      Again,Thanks.

                      Hey Ho

                      Comment


                      • #12
                        Not my business your financial state but there is a procedure to do the repairs that are the Freeholders responsibility and claim the cost back. Under the lease who is responsible for the repairs. Try looking on LEASE website. Sorry lack I.T know-how to provide a link.
                        Perhaps there is another route to getting repairs done.

                        Comment

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