Has anyone had to get a court of protection? UPDATE and new advice needed PLEASE.

lovesabargain123

daska wrote: »

I suspect that there is some confusion on the bank's part as to what legal status your mum has. They'd be correct to say they couldn't put the money into her bank a/c without her having power of attorney or equivalent.

However, if it's going into a bank a/c in his sole name it should be simple - he's inheriting his spouse's estate, surely capacity isn't relevant?!

Yes his bank account is in his sole name

RAS

I wonder if the bank are taking the view that since grandad is the spouse, he should be the administrator of the estate, not your mum?

Give the local Probate office a ring on Monday and see if there is any reason why your mum cannot "administer" the estate.

Then I suspect a few fleas need to be administered to rather higher up ears in the banks.

daska

Personally I would respond stating that she has taken legal advice from Age Concern, pointing out that the inheritance and the subsequent management of his finances are completely separate issues and that she expects them to deal with the inheritance issue promptly while she takes further advice.

Or she could ring Age Concern again, they might be able to help her do this.

lovesabargain123

Brilliant, thanks do much for everyone's advice. I shall pass it on and hopefully we will get somewhere x

Mojisola

If all they had in savings was £12k, why were they paying for his care home?

lovesabargain123

Mojisola wrote: »

If all they had in savings was £12k, why were they paying for his care home?

He pays a top up to the care home,mi think ts just a token amount of about £100 per week but not entirely sure of the exact figures

Mojisola

lovesabargain123 wrote: »

He pays a top up to the care home,mi think ts just a token amount of about £100 per week but not entirely sure of the exact figures

He won't be allowed to pay top up fees for his own care - http://alzheimers.org.uk/site/scripts/documents_info.php?documentID=125

puddy

i thought that even if the care home is paid for by the state (which would be the case here) the patient still needs to pay their pension and any other benefits to the care home, maybe it is this

my take on the situation is that because the daughter is trying to do stuff on her dad's behalf, the bank are simply asking for documentation to allow this, which would be a CoP power. she needs to make it clear to the bank that father has capacity he is just allowing her to make the phone calls etc. make a complaint to the bank, explain that the father finds it difficult to deal with adminstration and letters, phone calls etc and that the has given permission (signed copy) for her to deal with his affairs in this matter

fluffnutter

Sounds like the bank's just throwing a spanner in the works. This all seems quite straightforward. Grandad is the beneficiary and should inherit the cash in the accounts. There are no IHT implications as they are spouses. Whomever is executor should be able to release the funds into Grandad's name without too much difficulty. This increase in wealth might affect what he's liable to pay to the care home but this is a separate issue.

It might also be worth looking into power of attorney for your grandfather (this can be achieved even if he has alzheimer's although it is more complicated). However it might save problems in the future.

Who's the executor, OP? Even though your nan's died intestate, there should have been one appointed?

lovesabargain123

I don't know who the executor is to be honest, I presume it would be my mum as she was dealing with the hospital as first point of contact and she has had all the letters sent to her regarding banks, death certificate etc