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    • robparry252
    • By robparry252 3rd Dec 17, 8:36 PM
    • 5Posts
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    robparry252
    Handicapped persons Bank Account?
    • #1
    • 3rd Dec 17, 8:36 PM
    Handicapped persons Bank Account? 3rd Dec 17 at 8:36 PM
    I'll try to summarise and keep this as short as possible, but we're really confused and looking to go to the bank o try and sort out but with the right information in our minds beforehand:

    My uncle, who's 65, has learning difficulties / downs syndrome and his mum, my gran, has looked after him all their lives. My Gran is now 89 (still fit and able to look after him - cook, clean, laundry, etc..)

    My uncle was recently the recipient of about £115k from another family member and this was paid into the account that was 'his'.

    When we enquired at the bank with a view to move some of that money around, put into separate accounts, it turns out that the account for my uncle is actually in my Grans name, but in reference to my uncle (It's a HSBC account 'Grans' name, re: 'Uncle')

    It's never been a problem, my uncles benefits have always been paid into that account and my gran would simply withdraw the money from a cash machine as normal to spend.

    We now have the the following queries:

    We want to let Pension Credit know that now my uncle has this lump sum, his capital will put him over the threshold to claim PC. However (and you can probably see where I'm going with this..)
    .. because the account is actually in my Grans name (with reference to my Uncle), is it indeed that it's my Grans account that has the capital in that's above the threshold?.. even though it's my uncles account (as far as everyone is concerned)?

    My uncle can't actually open his own account due to his condition,.. would we have to open a separate one for him, in his name only - then transfer the money across and change the DD's from the benefits?.. and then tell PC?

    Additionally, if my Gran was to pass away.. would my uncles account (in her name) be frozen - and therefore in one fell swoop my Grans money would cease (rightly so) but my Uncles money would be trapped in a frozen account untill we asked for the benefits to be sent elsewhere?

    In summary - What do most other handicapped people have as bank accounts? Their own with a Power of Eterny to manage?..

    Any advice regards this would be great.

    Many thanks.
Page 1
    • venison
    • By venison 3rd Dec 17, 8:50 PM
    • 1,360 Posts
    • 1,448 Thanks
    venison
    • #2
    • 3rd Dec 17, 8:50 PM
    • #2
    • 3rd Dec 17, 8:50 PM
    Could anyone apply for "power of attorney" to take charge of his money?
    I am a BG on loans,credit cards and benefits I volunteer to help get your forum questions answered and keep the forum running smoothly". Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.
    • elsien
    • By elsien 3rd Dec 17, 8:59 PM
    • 15,446 Posts
    • 38,807 Thanks
    elsien
    • #3
    • 3rd Dec 17, 8:59 PM
    • #3
    • 3rd Dec 17, 8:59 PM
    He can't give power of attorney because he lacks capacity, but with that amount of money involved it would be sensible to consider applying to the court of protection for a financial deputyship.

    You do need to do something to separate his money from his mum (as in the current set-up) because if she becomes unwell then he has no way to access the money. I had this situation with someone where mum became ill and passed away withing a couple of weeks.

    I do have to ask why he's not able to open any sort of account? If he has a severe LD it may be difficult, and it may be that he lacks capacity to have a current account which allows direct debits, overdraft, bank card etc, but in the past I have helped people with moderate/severe LD who are unable to write their names consistently to open a passbook account. There was a note in the book to say that someone would be with them to get money out, but the money was theirs and their benefits were paid directly into it. I'm not suggesting that for the full amount - he will need someone to take charge to maximise the interest etc - but it would allow him to access day to day spending.

    Is mum his appointee for his benefits? If so, she can contact DWP to have his benefits paid into any new account. But again, whoever had the deputyship would be authorised to contact the DWP on his behalf. And it would probably be better having a younger member of the family as well as mum if she wants to carry on helping with his money, for purely practical reasons.

    Information here - there is a cost but given the size of the gift it would be worth it.
    https://www.gov.uk/become-deputy
    Last edited by elsien; 03-12-2017 at 9:06 PM.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
    • xylophone
    • By xylophone 3rd Dec 17, 11:20 PM
    • 23,683 Posts
    • 13,807 Thanks
    xylophone
    • #4
    • 3rd Dec 17, 11:20 PM
    • #4
    • 3rd Dec 17, 11:20 PM
    https://www.downs-syndrome.org.uk/for-families-and-carers/adulthood/banking-managing-money-and-mental-capacity/
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