Legal Help Needed Urgently

[emmie]

a friend is getting very stressed over the fact her dad has had to go into a care home and she can't for reasons unknown to me get access to her dads bank account, and pension so has become liable for the dads care home fees, as next of kin. What advice would you give, i am aware its a bit sketchy, i don't know much more at this stage, i have advised she go to CAB not sure what else, this is urgent as the care home bills are increasing rapidly and she doesn't have the money to pay.

[emmie]

any advice, help would be greatly appreciated, time is pressing, i will do what i can, but others experiences might be invaluable.

[murraymints]

Dad can sign mandates from bank and DWP to authorise her to make withdrawals ...simple form to sign for both...I did it for Fil...

[pixie373]

It depends why she can't get access. She needs to apply for Power of Attorney (finances). How is her dad's health? Is he in a position to be taken to the bank (in a wheelchair, perhaps) to sign a standing order to the home?

[murraymints]

She should also get power of attorney...any solicitor can do..

[EDDIE51]

If her dad is not able to make decisions himself she will have to get 'power of attorney' to be able to deal with this. The care home should be familiar with such a situation and advise her how to proceed . It is a common problem.

[murraymints]

Bank gave me form to take to Fil in hospital to sign....

[emmie]

the dad is now suffering from dementia, not sure how bad it is, so not sure why or if he can't sign any papers for her to take power of attorney

[emmie]

seems she has had trouble getting power of attorney, we are not in constant contact, i only heard by e mail, rather long distance if you get me,
would CAB help as a starter

[emmie]

murray, what sort of form, can you elucidate.

[murraymints]

As next of kin she can apply for guardianship....home should have experienced this before....a solicitor can guide you...

[pixie373]

He still can sign- if he is physically able to. If he has been assessed as not having mental capacity (which is a big process, and doesn't happen automatically with dementia) then he can still agree. I doubt he would have been assessed this way without a Power of Attorney being assigned at the same time, already.

[murraymints]

It was a standard authorisation form from bank...giving third party access to accounts.....bank of Scotland...fil couldn't even sign name ..made a mark in front of witnesses ....that was acceptable...

[EDDIE51]

If the person is too ill/ incapable to sign it can be done by getting doctors and a lawyer to authorise the power of attorney. Two doctors and a lawyer I think, but as I said the care home should have seen this situation many times and be able to advise on how to get it sorted.

[emmie]

thank you will e mail the advice,

[murraymints]

Dwp came to him to check he was giving authority willingly ....took 10 mins....get it done before formal assessments.....as pix says takes a bit of time..

[emmie]

the care home don't seem to have done, i think getting him into one was done quite quickly, i only learned that he was in one recently, as he was living on his own up till then, but seems he now has dementia, but i don't know the severity, and as said we aren't in contact every day, so only just heard -

[dzug2]

No one has mentioned so far - but next of kin are NOT liable for care home fees unless they have signed a contract with the care home.

If she has signed a contract and doesn't have the money the care home will have to wait

[emmie]

have no idea, as said i have got this info which is sketchy just today, but seems the money is mounting up, and she says that is having problems with getting power of attorney, have e mailed your advice so far so will let you know, thanks for the help

[Old_Jim]

If he's capable of looking after his own affairs, her dad can pay his own bills from his bank account. If not, and assuming he hasn't given an enduring power of attorney, the only solution is to apply to the Court of Protection. Your friend can then me appointed administrator of her father's affairs, and this would give her access to his bank account. She would need to account to the Court for how she has spent his money.

[emmie]

apparently he is not competent to go to the bank, in fact everytime he is asked he won't leave the care home, so she is having trouble even doing that, and is paying the care home fees, so vastly out of pocket.
I have advised seeing the CAB now, apparently her dads bank won't let her change the address on his account, he now resides near her in a care home, why would the bank be so bloody minded, and how to get them to help.. she is next of kin and has been trying to sort this mess out for ages, ever since she moved him into the care home to be nearer to where she lives.