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Help for bereaved Uncle - Please...

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  • dizzy-di_2
    dizzy-di_2 Posts: 93 Forumite
    edited 8 October 2012 at 12:00AM
    If I've missed it I apologise but do you have power of attorney for your uncle. I'm also concerned that you talk of transferring money to the other person as without poa that would be wrong.


    No i dont have POA...... the money was transferred by my uncle at the bank, just after my aunt had died (that was the last and only time i have been able to get him to the bank), he closed aunts account, opened his ISA, and changed joint acct to his name, he thought that was the right amount that was to be given to this person, it was only much later we realsised there was more to be given, we were not thinking straight, they had been married for 65 years and we were all devastated.

    Of course with hindsight, had we known he was going to become housebound, he said he would have added me to his accounts, but we didnt think it was necessary. But my uncles bank used to do what is called 3rd party transfers, they gave me a form to get uncle to complete, detailing transaction, i took to bank and they actioned it. I used to do this when aunt was alive, if they needed me to get them money, dont know if there was a limit on amount, they usually wanted £500 at a time, i only had to do it a few times, as my aunt usually came to bank with me. and so could do the transaction herself.

    My uncle is in full agreement with me withdrawing his money in this way........ there is no other way, even the bank know and understand our situation, I realise in normal circumstances only the account holder would utilise the account in this way, but our circumstances are not normal. I am sure lots of family members help in the same way, in fact i know of a few.
  • Torry_Quine
    Torry_Quine Posts: 18,887 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    dizzy-di wrote: »
    No i dont have POA...... the money was transferred by my uncle at the bank, just after my aunt had died (that was the last and only time i have been able to get him to the bank), he closed aunts account, opened his ISA, and changed joint acct to his name, he thought that was the right amount that was to be given to this person, it was only much later we realsised there was more to be given, we were not thinking straight, they had been married for 65 years and we were all devastated.

    Of course with hindsight, had we known he was going to become housebound, he said he would have added me to his accounts, but we didnt think it was necessary.

    My uncle is in full agreement with me withdrawing his money in this way........ there is no other way, even the bank know and understand our situation, I realise in normal circumstances only the account holder would utilise the account in this way, but our circumstances are not normal. I am sure lots of family members help in the same way, in fact i know of a few.

    For your own sake as much as for his please get poa as the current way you are doing things could back-fire terribly. If there were to be a problem with his account the fact that you have been utilising it could mean real problems for both of you. the fact that the branch are turning a blind eye will be no defense.
    Lost my soulmate so life is empty.

    I can bear pain myself, he said softly, but I couldna bear yours. That would take more strength than I have -
    Diana Gabaldon, Outlander
  • dizzy-di_2
    dizzy-di_2 Posts: 93 Forumite
    edited 8 October 2012 at 12:13AM
    For your own sake as much as for his please get poa as the current way you are doing things could back-fire terribly. If there were to be a problem with his account the fact that you have been utilising it could mean real problems for both of you. the fact that the branch are turning a blind eye will be no defense.


    Thank you for your advice, i dont really want to go down that road if possible, if we can get his benefits sorted out, he wont need to touch the bank as he will be able to live from his state pension and attendance allowance.

    I will have a look into POA though to see what it involves, as i am quite worried about what you posted, he is absolutley more that able to manage his own affairs, its just the logistics of the bank situation.
  • Torry_Quine
    Torry_Quine Posts: 18,887 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    dizzy-di wrote: »
    Thank you for your advice, i dont really want to go down that road if possible, if we can get his benefits sorted out, he wont need to touch the bank as he will be able to live from his state pension and attendance allowance.

    I will have a look into POA though to see what it involves, as i am quite worried about what you posted, he is absolutley more that able to manage his own affairs, its just the logistics of the bank situation.

    I don't want to worry you unnecessarily but at the moment you are leaving yourself wide open. POA isn't just for those who can no longer manage their own affairs, it just means you have the authority to help with for instance going to the bank. To be honest the bank should have mentioned it.
    Lost my soulmate so life is empty.

    I can bear pain myself, he said softly, but I couldna bear yours. That would take more strength than I have -
    Diana Gabaldon, Outlander
  • I don't want to worry you unnecessarily but at the moment you are leaving yourself wide open. POA isn't just for those who can no longer manage their own affairs, it just means you have the authority to help with for instance going to the bank. To be honest the bank should have mentioned it.


    No..... Thank you for the information, i will look into it, it just seems like everything is such a problem, nothing is straight forward with all of this. There is only me, he only has me,(except sister who is 99) and i dont mind and wouldnt have it any other way, i think the world of him. But goodness me i cant wait for everything to be sorted and not a big worry anymore. Sorry for waffaling on, its just difficult at times, especially when your doing your best.
  • mumblub
    mumblub Posts: 133 Forumite
    Dont want to sound morbid or nasty..i hvnt read the whole thread..but cant he pay for his whole funeral / burial that will bring his money down about 2/6 grand.depending where you live..all in al good luck op..........gov seems to busy these days saying they will cut costs (but not on the rich) i guess he thinks if you earn 244.00 a week your rich..(whoppie doo) im loaded
  • Pollycat
    Pollycat Posts: 35,948 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Savvy Shopper!
    Re POA, start here:

    http://www.direct.gov.uk/en/Governmentcitizensandrights/Mentalcapacityandthelaw/Makingarrangementsincaseyoulosementalcapacity/DG_185921

    On the right hand side of the website, there is a link to order the forms by post, it's a pretty big package if you want both the health & welfare and property & financial POA forms.
  • pmlindyloo
    pmlindyloo Posts: 13,100 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    mumblub wrote: »
    Dont want to sound morbid or nasty..i hvnt read the whole thread..but cant he pay for his whole funeral / burial that will bring his money down about 2/6 grand.depending where you live..all in al good luck op..........gov seems to busy these days saying they will cut costs (but not on the rich) i guess he thinks if you earn 244.00 a week your rich..(whoppie doo) im loaded


    A prepaid funeral plan is a very good idea and is not counted as deprivation of capital.
  • ab.da54
    ab.da54 Posts: 4,381 Forumite
    dizzy-di wrote: »
    There is only me, he only has me,(except sister who is 99) and i dont mind and wouldnt have it any other way, i think the world of him. But goodness me i cant wait for everything to be sorted and not a big worry anymore. Sorry for waffaling on, its just difficult at times, especially when your doing your best.

    Where is the relative who received the money?

    Surely not took it and then ditched the uncle?
    Dear Lord, I am calling upon you today for your divine guidance and help. I am in crisis and need a supporting hand to keep me on the right and just path. My mind is troubled but I will strive to keep it set on you, as your infinite wisdom will show me the way to a just and right resolution. Amen.
  • ab.da54 wrote: »
    Where is the relative who received the money?

    Surely not took it and then ditched the uncle?

    I can't understand this either. The OP said the Aunt's legacy was given to a "family member", but then said there's only her, and an elderly sister of the Uncle.

    OP, I can't understand why, if he has £10K or £12K of his own money, what's the problem? Let him spend it, and when it dips below the lower thresh-hold, then he can claim again.

    xx
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