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

puddy

an executor is someone assigned to execute the will when someone dies, did your nan assign anyone to do this?

lovesabargain123

No, there is no will and my nana didn't assign anyone to do anything, however my mum was the main carer as in helped them out with day to day things and was the first person contacted when she was ill, she was also the one to inform the banks and the utility company's etc she was also the one that was contacted to appear at the inquest.
My mum has a sister who is more than happy for my mum to deal with the death and money.

daska

Just another thought, is it possible that the confusion is that the bank actually want sight of "Grant of Representation" (they might also refer to it as Probate or Letters of Administration) from the Probate Court and somewhere along the line the two are being confused - either by your mum or by whoever wrote the letter?

RAS

lovesabargain123 wrote: »

No, there is no will and my nana didn't assign anyone to do anything, however my mum was the main carer as in helped them out with day to day things and was the first person contacted when she was ill, she was also the one to inform the banks and the utility company's etc she was also the one that was contacted to appear at the inquest.
My mum has a sister who is more than happy for my mum to deal with the death and money.

If there is no will, there is no executor.

However, the duties normally performed by an executor are performed by an administrator if there is no will or the executor has died.

This is what I mean by your mum being the one to administer the estate (fulfil the role normally completed by the executor).

There is a list of people who can do this starting with a spouse and ending with the Crown.

You need to know if the fact that grandad is alive prevents mum adminstering the estate without granddad express permission or Power of Attorney.

The Probate Office can tell you.

Gingernutty

Even if there is no will, someone has to apply for probate to administer the estate - whether they're called the Administrator or the Executor is irrelevant - the bank is simply making sure that fraud isn't being committed.

I was Deputy under the Court of Protection for my Uncle and when he died I became his Executor.

You or your Mother must do this the other way around - The administration of your Grandmother's estate must be done legally AND your Grandfather must be looked after by a Deputy of the Court of Protection otherwise you're in this 'Limbo' where you know where the money is but can't do anything about it.

Perhaps you could apply for probate and your Mother could apply for Deputyship?

tori.k

daska wrote: »

Just another thought, is it possible that the confusion is that the bank actually want sight of "Grant of Representation" (they might also refer to it as Probate or Letters of Administration) from the Probate Court and somewhere along the line the two are being confused - either by your mum or by whoever wrote the letter?

This is what you need it's the same as a probate form (in fact it is the same form) really simple to do yourself and will cost £109 which your mum can re-claim from the estate, the gov. probate office/helpline are really good so why not give them a call 0845 302 0900

lovesabargain123

Have updated with new IMO if anyone can help please, it's on page 1 x

puddy

lovesabargain123 wrote: »

Hiya,

Thank you for all your wonderful advice on the post below, it was greatly appreciated and we were all set to go ahead with what you have suggested.
However today, my mum has had a phone call from her sister saying their father has been left approx £80,000 in his sisters will, she died a few weeks ago and my auntie was power of atorney
I'm guessing now my mum will need to get a Court of protection to handle my grandads money. Can this be done by filling forms in yourself and handing them in to the court or do you need a solicitor?
If so, how do we fined a good solicitor? Do they all charge the same? Is one as good as the next? And secondly how much is this, I've tried googling but not getting very far!!!
Thank you once again for explaining it in terms I can understand :-) x
Bit of a long story but I'm after advice for a relative.
Basically her mother died before Christmas but didn't have a power of eterny for their daughter and their father has Alzheimer's . There was no will , no property to sell and between the bank accounts there was approx 12-15 thousand pounds max!
The bank accounts left were 2 in her name (1 at HSBC and 1 at Barclays and a joint account which has now been put in the sole name of him)
As he has altzimers he can not sign to say she can have power of eterny and the banks have said that to transfer the money from her private accounts to their joint account she needs to get a court of protection.
We went to see a solicitor at age concern who said that was wrong and as the money is to go to her husband- the next of kin they should just transfer the money over, and that as the amount in the single accounts was less than £10000 then a court of protection would just be a waste of money!
We are going to go back to the solicitor next week but can anyone tell me how much the court of protection costs and who will have to pay this?
The man living gets a state pension and a small private pension but he does not pay the full fees of the nursing home as this is partially state funded.
Many thanks for any advice you can give x

are you saying your aunt (your mums sister) had power of attourney for her mother, or are you saying she had it for your grand father or are you confusing this with executor for her mother's will?

once again, he is the beneficiary so he is entitled to this money, the executor should enable this to be transferred into his account.

lovesabargain123

Sorry, I keep getting myself all confused lol

My auntie had the power of atorney for her auntie ( my grandads sister that died a few weeks back and left my grandad the money)

daska

AFAIK your grandad doesn't have to have 'capacity' in order to inherit. It should be as simple as providing your aunt with HIS bank details and letting her get on with it.

But yes, now that he has £80K+, he will probably be liable for care home fees etc and someone is going to have to take charge of his affairs for him. You don't necessarily need a solicitor but you do need to be logical and careful when you fill in the forms. If you don't feel you can do this then you might want to employ one to do it for you. The first question to deal with is does he have sufficient capacity to grant power of attorney - that's a question for the medical professionals involved in his care.