The Right To Your Own Documents?

[Scarlett]

if you signed paperwork and documents, which were then taken away by a family member, and then there was a dispute, are you legally allowed to have them back/have a copy of them? 

[newmodarmy]

It depends on whose documents they were. If it's your will for example then someone should take the only copy. If it's somebody else's will and you just witnessed it then you have no legal right to a copy. We need more info

[Scarlett]

More info: this is for a friend by the way.

He started to get dementia, and behind his wife's back, his brother made him do a mental capacity test, write another Will, and fill out divorce papers! Then they wrote a letter to redirect his mail, again behind his wife's back. Because he was confused, he just signed everything.

 

Because he was confused, he just signed everything.

His wife is trying to get a copy of everything he signed, and the Brother is refusing. 

[naomi24]

This sounds really dodgy.  I think you need some proper legal advice, Scarlett.  You could start by speaking to a solicitor at the Citizens Advice Bureau.  

[newmodarmy]

So are you asking whether HE has a legal right to a copy of his own will, or do you as his wife have a legal right to a copy

[Scarlett]

his wife is a friend of mine. She believes that the Brother is up to no good, and it certainly seems that way. but she wants to know what her husband was made to sign in her absence, but the Brother is refusing to show her the documents. it will all have to come out in court, but she wants to read them now.

[newmodarmy]

can the husband not ask for a copy and then show it to his wife- or has he not got capacity now to ask?

[Scarlett]

he's got very limited capacity now sadly. 

[Barmaid]

Tell her to get proper independent legal advice asap.  This needs a specialist in elder client law/Court of Protection.  

[Barmaid]

If he has no/limited capacity, unless she holds an LPA for him she has no right to any documents.  She must seek legal advice.

[Scarlett]

she does have LPA. The brother is trying to take that away from her, and they are having to go to court Event eventually – you know how long you have to wait. But she wants to see these documents now, not wait until the court case.

[Barmaid]

If it is going to Court, presumably she has a solicitor acting for her?  If not, she probably ought to seek legal advice since Court of Protection work is quite specialist.

[Scarlett]

she says the data protection act Article 15 is about your right to have your own data – signed documents. She has asked her solicitor But all he does is write to the brother demanding the documents, and gets ignored.

 

but all he does is write to the brother demanding the documents, and gets ignored. She wondered where she stood legally with this.

[Peter Pedant]

scarlett sweetie - it is NOT right to your  own documents - is it?

Barmaid has given your friend good advice and she should follow it