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Legal Help Needed Urgently
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.
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For more on marking an answer as the "Best Answer", please visit our FAQ.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.
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 -
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.
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.
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.