Paris Marathon 2014

Non, je ne regrette rien

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25/10/2013 at 09:59

I'm tempted to get Hokas just to make me look taller

25/10/2013 at 10:51

It's rude to point Scoot 

Don't know whether your mind can trick you into thinking you're injured when you're fine, but I definitely think it can trick you into thinking an injury's worse than it is.

As for throwing your back out and it leading to a knee injury, I can see how it can happen. If you're altering the way you walk to compensate for the back injury, even fractionally, you're going to be altering the way your knee moves and it could lead to aggravation.

25/10/2013 at 15:19

Winter well and truly here.....more horizontal rain and gale force winds.  So run outdoors abandoned as I didn't want to end up in Norway. Instead a treadmill session - 20 mins @ 15km/h, 20 mins @ 15.5km/h, 20 mins @ 16km/h with no breaks between. Legs were burning by the end.... 

25/10/2013 at 15:25

Bit of a curve ball here everybody but I'm desperate.

My Mother in law lives in Tenerife and we are in Australia. She is in hospital and unable to care for her own affairs. Meanwhile a platonic friend of hers has moved into her apartment, changed the locks and is claiming it as his own.

Clearly this doesn't sit well with us and we are keen to evict him. 

Anybody know anything about Spanish law or how to proceed in such a situation? All ideas gratefully received.

25/10/2013 at 15:50

Charlie - so sorry to hear about that. Few questions before i put my foot in my mouth:

1) How sure are you that he has moved in/changed the locks? is the source reliable? We had something similar with my aunt but her friend was allowed to move in to watch over the building.
2) Can you talk to him/reason etc.
3) Did you MIL sign over her mental competance to someone before going into hospital? or sign someone to take over her affairs if she was made immobile? This would be the first thing to check.
4)  (and i'm not an expert here) - you need to get this person out sharpish as if they're in there over a certain period of time; they will have some claim on the property. In the UK - this means handing an eviction notice and going through the property courts as that person is squatting on the property.

25/10/2013 at 15:51

Heading to Frankfurt tomorrow afternoon and just going to enjoy it, spend time with friends and then take lots of photos (weather permitting)...

But for now - i'm off to take pooch out to the woods

25/10/2013 at 16:02

he speaks no English, we speak no Spanish.

We are trying to get a friend to speak to him but it's complicated. Source seems very reliable. He's told Police that he's her husband and that he lives there. Her will is in the appt. He is in the appt and we don't have a key since he changed the lock.

MIL did not sign power of attorney or similar. My husband is the only surviving family member.

We want him out ASAP but we don't know how to do it and we are in Oz, can't get out there.

25/10/2013 at 16:47

Charlie4 - the Australian Embassy website lists some English-speaking lawyers in Tenerife. It won't let me post a link for some reason, but from here go to 'services for Australians'...'English speaking lawyers'.

http://www.spain.embassy.gov.au

ATM
25/10/2013 at 17:22

Quick post , from me holidays.. JO &Pickle, did you ever get my email or am I doomed to learn more about Macs and azerty keyboards?

Charlie, could you ask the local Consul for advice about the local system?

ATM
25/10/2013 at 19:21

Hi Charlie,

That's a tough spot to be in. What you'll need to do as quickly as possible is 1. prove sole ownership by your Mum; and 2. prove that she hasn't attempted to transfer over ownership; and 3. prove that he has no claim to be on the property. The police will want proof of that before they are able to act, if they can at all. He will argue a number of ways that suggest he has permission to stay at the property, so what you can best do at this stage is garner evidence to prove that he does not have this.

A couple of practical steps you might be able to take to figure out what is going on, and to gather some evidence against the man:

1. If your MIL still has mental capacity, check with her whether her will was made through a local solicitor. If so, it's likely that a copy will be held in his/her safekeeping. It is also possible that the will may contain a guardianship or power of attorney, so you want to cover that off. If she's English-speaking, chances are she's used a local lawyer, so ringing around or writing to them to ask if they have a will/power of attorney on file could be useful. They might be a bit prickly about privacy stuff, though;

2. Also, if she still has mental capacity, engaging a local solicitor to do a power of attorney, or an advanced health directive as quickly as possible will give you some standing to commence court proceedings to have it enforced;

3. Depending on the age of the will, confirming her state of mind will be key to enforcing it. Getting her doctors to write a letter confirming that she still has mental capacity will be important for proving that any documents she executed or executes are enforceable;

3. Does the apartment block have a janitor or management staff on site? If so, you may be able to speak to them somehow to ascertain what is happening. They may well have been given spare keys (doubtful, but possible) or know what this person's claim to your mother's property is;

4. Check that she hasn't transferred property to this person. The most certain way to do this is to have a title search done by a local solicitor. You may be able to muddle through and get this done electronically - it will depend on the title registry;

5. A further note on the title to the property - if it is possible, you may want to place a caveat on the title (I'm free-styling a bit here, as I have NO idea about Spanish law). This will be a warning to any future purchaser that there is an issue with title and could protect him from affecting your MIL's interest in the property. Again, you may be able to muddle through and do this electronically. BUT. You'd probably need power of attorney first (otherwise you wouldn't have standing), and you'd probably want a lawyer to do it for you;

6. If you are going to use lawyers, think about asking them for placing your MIL under state guardianship. I don't know if they have something like this in Spain, but it would ensure somebody is looking out for her interests and is in situ to deal with issues. They would also have access to law enforcement mechanisms;

7. Check that he doesn't have access to her bank accounts or other assets. It's not just the property that will be at stake.

You poor things! My sympathy is with you.

25/10/2013 at 19:42

I have two things I'd like to say...

I love this thread.
Everyone needs a Maus in their life.

25/10/2013 at 20:03

Maus, I love you. 

Its 3am here but I'm on it! Lawyers don't open tillMon but I need to hire one ASAP. Will keep you informed. 

By the way, legal background by any chance?

You have no idea how much I love this thread...

25/10/2013 at 20:34

Nice one Maus. Good luck Charlie.

25/10/2013 at 21:15
Charlie4 wrote (see)

 

By the way, legal background by any chance?

 

Maybe...
Let us know how you go.

 

25/10/2013 at 22:59

MM - coy!   I love it!

Time for me to start running again.  Tomorrow.

26/10/2013 at 13:04

Still working on it, lawyers don't work weekends! Trying to get hold of a copy of will and deeds cos our copy is in the appt and we can't get in. 

On the plus, I ran a steady 4mile and managed to lose the sick anxiety feeling for half an hour! 

26/10/2013 at 13:20

Support and sympathy for you Charlie. Great sounding advice from Maus.

As a nurse in the UK, if I knew that a patient was in a similar situation I would have a responsibility to inform the 'safeguarding officer' that the patient was potentially a 'vulnerable adult'. They would have a duty of care to the patient to investigate the matter. Probally this would involve liasing with the police. I have no idea about Tenerife or if they have a similar system, but making the hospital staff fully aware of the situation might be a good thing (though I understand the difficulties with the language barrier).

Good luck with it Charlie

26/10/2013 at 13:21

Thanks to everyone for advice on running plans

26/10/2013 at 14:03

Charlie - good luck. Maus actually drafted a whole European resolution so that Weedy could have multiple breakfasts

Maus - star )

26/10/2013 at 14:08
Marathon maus is a genuine star
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