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Promises vs Legally (10)

This post is on the D/s & M/s web board.

Wed 10 Mar 10, 7:42 PM
Milchvienhalter
US, 23 mths
My question deals with slaves and their owners as well as submissives and their dominants. The possible gender combinations being irrelevant to the issue.

When forming the relationship it seems -- from empirical observation -- that most are done using an oral promise. That a much smaller number of these relationships are formed using an written promise. ************* Please note that I've used the word "promise" as opposed to the word "contract" as I don't wish to confuse the issue with something that's actually legally binding/enforceable in a court of law. *************

My question is this: How many go to the trouble of having their slave/submissive declared legally incompetent and the owner/dominant declared their ward? (please note that depending upon jurisdiction there are various levels of incompetency)

By having this done the real-world ramifications concerning the slaves/submissives ability for self-determination are profound. Control of the most basic functions of life are now LEGALLY (and thus enforceable in a court of law) in the hands of their owner/dominant. Even further, this condition can be (depending upon jurisdiction) permanent for the life of the slave/submissive so that should a new owner/dominant come into the picture the "ownership/control" would necessitate a legal proceeding whereby the new owner/dominant was made the slaves/submissives ward.

Granted this is costly. But it most certainly is far more meaningful than a simple promise (oral or written).

So how many out there go to the trouble of having their slave/submissive declared legally incompetent and the owner/dominant declared their ward?

10 Mar 10, 7:59 PM
El_Presidente
UK(G), 4 yrs


Assuming it was 'as simple as that' (and it may well be for all I know, yet I somehow doubt it), wouldn't it then become illegal for the dominant to have a sexual relationship with their submissive?

"Never do today what you can do tomorrow"

10 Mar 10, 8:26 PM
lima_pink_tigress
3 yrs
El_Presidente wrote:
Assuming it was 'as simple as that' (and it may well be for all I know, yet I somehow doubt it), wouldn't it then become illegal for the dominant to have a sexual relationship with their submissive?

I don't think it would be. Spouces can become their partner's legal ward in some circumstances and I can't be certain but I wouldn't imagine that no sexual relations is par tof the deal. Although it does make you think that there *could* be the possibility for abuse there? Interesting.

I think you're right, though, in saying that it's really not as simple as that (I wouldn't have thought - and actually it's quite scarey if it is that simple). It would be interesting to hear from a legal eagle on this.

To the OP - I'm not sure but I wouldn't have thought it's all that common (stranger things have happened though) and while I'm sure it would appeal to many (both D/M and s) I do think it could be pretty difficult to arrange and could, potentially, lead to all sorts of problems.

Keeping an eye on this thread to see if anyone replies who is actually in that situation.

@Strictly_SnM discussion group
-:Marquis DeSade:- There are thorns everywhere, but along the path of vice, roses bloom above them.

10 Mar 10, 8:32 PM
Thistle
US, 4 yrs
I don't know how it works in the UK, but in the US, there is a competency hearing and proof of incompetence has to be shown. In other words, the Court will not take away a competent person's legal right to self-determination, even if that person wishes it.

love the brave but avoid cowards, knowing the gratitude of cowards is small ~Praxilla of Sicyon

10 Mar 10, 8:36 PM
ClassAct2005
UK(N), 7 yrs
YOu can't in the UK simply have someone who is perfectly sane declared incompetent. Sub doesn't equal mental incapacity. I suppose you could give her brain damage and then do it [joke].

I suppose you could give someone power of attorney in various forms, just like you can do if you're going abroad and want someone to sign in your absence or just put stuff in the name of one person. I think that's all going a bit far and the power of attorney it can be revoked anyway if things don't work out or one person changes their mind.

Or just go to a country where women have no rights - there a good few on the planetm, where she's not allowed to got out without a man accompanying her and cannot by law drive or vote and has to walk a few steps behind you and where clothing you specify.. Nope I am not getting a vibe that I'd like to emigrate to places like Saudi, notwithstanding.

10 Mar 10, 8:45 PM
Thistle
US, 4 yrs
Another point, even if you could have someone declared incompetent - in the US, you absolutely have to prove to the Court that you are managing that person's assets and needs to their own best interests. You can't just be appointed as a guardian and then do as you wish without being overseen by the appointing body.

To be frank, going along with the fantasy that this would even be possible, I think it then begs the idea of consent somewhere down the road. Even consensual non-consent can become a moving target in a long-term relationship. I for one would hate to see my government legalizing what amounts to nothing more than slavery - albeit consensual.

love the brave but avoid cowards, knowing the gratitude of cowards is small ~Praxilla of Sicyon

10 Mar 10, 9:25 PM
SirOpenSource
UK(E), 6 yrs


One can only be appointed as a legal guardian of a persons property and affairs, healthcare and personal welfare if they lack capacity to do so themselves. This is decided by the Court of Protection, a department of the Office of the Public Guardian as far as I am aware [In UK].

http://www.publicguardian.gov.uk/about/court-of-...

SOS

I believe in equality for everyone, except reporters and photographers. - Mahatma Gandhi
www.Londonmunch.co.uk
Londonmunch@hotmail.com - Enquiries

10 Mar 10, 9:35 PM
Ama_Sidero*
UK(GU), 6 yrs



Praxilla wrote:
To be frank, going along with the fantasy that this would even be possible, I think it then begs the idea of consent somewhere down the road. Even consensual non-consent can become a moving target in a long-term relationship. I for one would hate to see my government legalizing what amounts to nothing more than slavery - albeit consensual....

Quite. Because competence would have to be proven once they were proven incompetent, and that could be quite a feat. It is a bit *too* nonconsensual, not at the beginning, but if someone changed their mind later in the relationship - there might be no turning back - ever.

10 Mar 10, 9:36 PM
Diablos_patience
UK, 5 yrs
Milchvienhalter wrote:
Promises vs Legally

My question is this: How many go to the trouble of having their slave/submissive declared legally incompetent and the owner/dominant declared their ward? (please note that depending upon jurisdiction there are various levels of incompetency)

Fortunately in this day and age we have wonderful pieces of legislation which would prevent this from happening unless of course the individual really did lack capacity.

And in that case....

I have been discussing taking out a lasting power of attorney out on my submissive so that if ever he is deemed not to have the capacity to deal with anything I would legally have the right to take over full control of his life decissions... it is something that we are both happy to do.. but it is a bit costly which is what has put us off doing it.

~* Raku wa ku no tané; ku wa raku no tané. *~

10 Mar 10, 11:48 PM
MissP
UK(EN), 8 yrs
The OP is more in need of being declared legally imcompetent than his sub/slave.

No slave contract, in thought or word or deed, is legally binding in this country. In fact, they are illegal per se.

You would have to go to considerable lengths, including doctors, psychiatrists, the police and a judge to have somebody declared legally incompetent. I would hope that any of these professionals who were worth their salt, and valued their credentials, wouldn't do this.

www.thedivinemissp.co.uk

11 Mar 10, 12:11 AM
Telesto
UK, 7 yrs
Milchvienhalter wrote:
So how many out there go to the trouble of having their slave/submissive declared legally incompetent and the owner/dominant declared their ward?

the 'ward' is the dependent one. so why would dominants want to be declared the 'ward' of their submissive?

wouldn't this interfere with the D/s dynamic a tad?

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