I was in court today. I told the judge that I did not want the current auctioneer retained and that I would not cooperate with him. He said that he could not dispense with the auctioneer without first hearing from him and he was not in court. The judge adjourned the matter until October to allow me to cross-examine the auctioneer. Could this auctioneer be retained against my wishes? Also, I told the judge that my ex-husband was confused and that I did not think that his solicitor should be taking instructions from him. The judge said that he would have to have proof of this. There seems to be a problem getting a medical report regarding my ex-husband's mental capacity. My ex-husband's nephew has put himself down as next of kin with the nursing home where my ex-husband is resident and with the HSE under the Fair Deal scheme. I called to see his doctor who said that he would prepare a report but that he would have to have a letter of permission from a solicitor. Also, he said that he would have to consult with the next of kin which my ex-husband's nephew claims to be. I told the doctor that I did not believe that this permission would be forthcoming. He then said that he could not issue a report. My ex-husband has a son and daughter. Where do they stand regarding next of kin? As joint owner of the land, I am concerned as to what decisions are being made about it, would I in my own right not be entitled to a medical report with regard to his mental state since it involves ownership of land?
1. At the outset, it would save you a lot of hassle if you could get your ex husband's son or daughter to be named as next of kin of your ex-husband. This would immediately solve the issue of getting authorisation for a medical report on your ex husband. Secondly, a judge can always appoint an auctioneer you do not want. That is an inevitable effect of any judicial decision. However, you should make clear in your cross examination of the auctioneer in October what his deficiencies are. This is the best way to highlight why he should not act. Additionally, you should have the name of an alternative auctioneer who is willing to act.
2. Be aware that you can put down a Motion to have an independent assessor appointed by the court to determine your ex husband's mental capacity. If the doctor is not willing to issue a report, then this is the next step on this issue.
How do I go about having my son named as his next of kin? If we did put forward a motion to have an independent assessor appointed to determine my ex-husband's mental capacity, would I have to notify the other side? Is it the same procedure as before going before the registrar?
3. Essentially, you should get the son or daughter to put themselves down as next of kin at the nursing home. There is no reason why the nephew should be named as next of kin. Secondly, you will have to notify the other side by serving on them a copy of your Notice of Motion if you wish to get an independent assessor named. This will be done in the same manner as you have previously issued a Motion and it will once again be based on an affidavit.
What does being next of kin entail or is it purely for legal purposes? My son lives and works in Dublin; would he be expected to be on hand to take his father to hospital etc or deal with anything else that may arise?
4. Next of kin means you can make decisions in relation to the welfare of the patient. There is absolutley no difficulty with your son who lives in Dublin being named as next of kin. There is no requirement that the next of kin has to be on hand to take their father to the hospital or such like. It is a purely legal requirement that the next of kin are the person(s) who will take care decisions in relation to the patient.
You say he should get his name put down as next of kin with the nursing home, is it enough to just write to them? What about the Fair Deal scheme with the HSE; can he write to them also?
5. In both cases he should write and state that he is the son and closest relation of your ex husband.
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Barrister 17 years experience
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