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hmsganges | 10:30 Thu 22nd Jul 2010 | Law
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I have a 92 year old mother who is housebound. As I do all her food shopping is it legal for me to pay using her bank card?
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It's not illegal as such - but your mother is breaching the T&C of her bank account and loses any fraud protection the bank offers.

Best get her to make you an official user of the account with your own card.

And what would you do if the PIN machine had broken down and the retailer asked you to sign.
I had a similar problem. we just made Mums account into a joint account so I can use it for her.
if you are a man i imagine you would be questioned sometimes...
How about getting round it slightly, by getting her food shopping online? That way she can browse the goods, albeit it being cyberly.
<<I had a similar problem. we just made Mums account into a joint account so I can use it for her. >>

Whilst that may have been fine for you, it is not always the best solution:

there are tax implications for you if any interest is paid on the account (income) and if her estate is large enough IHT

you inherit the account when she dies - if there are other beneficiaries who should have inherited a share they can complain

Third party access to the account is better - many banks will allow it with little fuss.
I have effectively taken control of my aging mother’s finances. The only thing she does is sign the cheques I write out on her behalf. With regards her weekly shop and other monies, I have access to her bank-card & pin number, and so pay with cash. I guess if I was dishonest, I could empty her bank account and the bank would refuse to help – given that she had disclosed the pin number to another. In a few years time, I may find myself in a similar situation, relying on another, as my mum does on me.
<< I guess if I was dishonest, I could empty her bank account and the bank would refuse to help – >>

Not so much you, but a third party emptying the account eg if the card were cloned. The fact that you knew the PIN would be sufficient for them to deny liability
The idea of opening a joint account for you and your mum, where there is a standing order from her own account to transfer money for shopping and the like, would protect both of you. You should strictly speak not know her PIN to get money out, but if it's a joint account you would have your own PIN (same way as I and OH do on our joint account). You would have your own debit card with your own sig on the back in case you needed to sign.
^^ You should, strictly speaking..."
There must be thousands of people doing what I am doing re my mothers bank-card.

I would argue that if her account were changed to a joint account, it would make it easier for a dishonest offspring to raid the account. Since the payment of any funds from the account would be by one of the joint holders – no court in the land could decide that the payment was unauthorized/illegal.
Whereas there might be a slim possibility that someone in my position (who misused their mother’s funds), would be held to account for theft.

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