Joint Bank Account Access Denied By Other Account Holder

[margobo]

A friend recently separated from his wife has been denied access to their joint account to get his pension money out. His wife has told the bank if has not got the mental capacity to handle the money but has not legal documents to prove this. He has Parkinson's Disease and is now in a care home. His former psychiatrist has backed up his mental capacity but the bank has frozen the joint account so he has no access to any money. The spouse has also 'hidden' some medals he has collected over the years and is claiming some compensation money he had for injuries received many years before they married. She continues to live in the marital home (housing association) and has taken his key off him to he cant get his belongings out.
He is very resistant to employing a solictor as he says he cant afford it.

[BlackadderV]

One for the CAB pronto, I would say.

[Buenchico]

This might be relevant:
http://www.financial-ombudsman.org.uk/consumer/complaints.htm

[furrypusscat]

CAB will discuss his legal rights and also arrange for a solicitor for him which his first 1/2 hr session should be free.

[Peter Pedant]

I dont think you can solve this with the help of AB

CAB and then do as they say....

and presumably the bank hasnt frozen the account - or else the other half doesnt have access to the money and that's no good ! [Presumably he is saying she is getting at his money]

actually there is a modern case which helps on this
re Northall
which basically says joint account money can be partitioned.


" and is claiming some compensation money he had for injuries received many years before they married. " is problematical but easily solved. No money yet, so he could open his own account....[ The problem is that unless it is statutory, the claim is time barred after six years, unless they married last year ]. Honestly - "I expect a very large sum of money and someone else may steal it !" - is a situation I would shy away from just in case I get creditted with being the one that has stolen it.

"The spouse has also 'hidden' some medals he has collected over the years" you mean the medals he says he has - she says he hasnt....

Remember you are only getting one side of the story here.

[margobo]

Thanks for you advice especially the complaint procedure for banks. The account has been frozen now - not an easy situation when you are in respite care.

[EDDIE51]

First of all he MUST get a bank account in his name only and change the future payments for his pension to his new account so that he at least gets the pension money from now on. Sort the rest out after that has been done.

[Peter Pedant]

please give updates as and when they occur

[Peter Pedant]

Margo - I dont think YOU can do anything - as he seems not have given you permission to act on his behalf...

and if he has ... you go and find out what to do yourself

[margobo]

This man has now moved out of residential respite care into a sheltered accommodation. His social worker is supposed to be sorting out his bank account but I still think he needs a solicitor.

[margobo]

The person concerned has now opened an new account for his pension to go into. Despite the social worker saying she would take this case up with the Ombudsman she has not done this. The person has just been back into hospital for two weeks but is back home so maybe we can get things moving.