How can I get access to saving my Grandad has for me ?

TzarJay

xylophone wrote: »

Then is he in a fit state to grant POA? I think that your grandparents might be well advised to consult a solicitor/ your grandfather's doctor.

Has your grandfather already made a will? If he has not this might also need to be discussed with a solicitor although if he is judged to be "non compos mentis" then he cannot make a valid will.http://www.makeawill.co.uk/requirements-for-a-valid-will.htm

A solicitor's visit to the home could be organised in view of your grandfather's immobility?
http://www.housingcare.org/finance/handling-another-persons-finances.aspx

Yes, he still has the mental capacity to grant a PoA, he know's what it is and means. Just for the record all, I dont want PoA to steal money out of his accounts, I feel he need's me to help him with finaces. He has no will either.

elsien

TzarJay wrote: »

Yes, he still has the mental capacity to grant a PoA, he know's what it is and means..

That's not your decision to make on your own though, especially with regard to power of attorney, when he has dementia and you're wanting to deal with his finances and accept a large lump sum into the bargain. Even if your motives are pure as the driven snow, it looks seriously dodgy to an outsider.
If you know your grandfather has dementia he needs a proper mental capacity assessment, which doesn't mean just you deciding he's fine. Involve the GP at the very least. To protect him, your grandmother and yourself.

charlieboycat

TzarJay wrote: »

I doubt he could answer the questions they'd ask regarding why he's wanting to withdraw 13K out of an account that hasnt been touched in 12 years.

If he's able to tell you that he put the money aside for you and now he wants to give it to you, then why couldn't he say that to Halifax (if asked for a reason)? If he's unable to make such a simple statement to Halifax then who's going to believe that he's capable of understanding the complexities of an LPA. Are you aware that an LPA will have to be certified by an independent professional person to the effect that they have discussed the LPA with your grandfather and they are satisfied that he understands it?

I think you need to do some serious reading into the reasons why Enduring PoAs have been replaced with LPAs (perceived exploitation being one), you need to make sure you understand the limitations as to what an attorney can and can't do under an LPA, and you need to ponder the possible legal and financial consequences for yourself should you do anything (such as make a gift to yourself) of which the Courts might disapprove.

If your grandfather has the mental capacity that you suggest then why can he not complete and sign a withdrawal form, requesting a cheque from Halifax made payable to you?

srcandas

TzarJay you are doing well to ignore the judgemental brigade here

Why they can't see that talking to Granpa in his own home, relaxed, with people he trusts is totally different from visiting a clearly not compus mentis bank I do not know.

In my mum's case she had a very understanding local solicitor. He took his time and carefully explained things. But as with Granpa she couldn't face heavy sales animals in a bank. Lloyds and Nationwide behaved like scum.

TzarJay you seem a good egg to me so go carefully but sounds like you are working this out with the good advice that many have given here. My only thought is do make sure all is documented and transparent. My brother still hasn't forgiven me for allowing my mother to pay the solicitor a few hundred for excellent service

:beer:

atush

I think getting a POA is a good idea, but I would take Grandpa down to the bank himself with all the things you need, having made an appt. Use a taxi and wheelchair if necessary. Choose a day when yo think the weather will be good (such as today) and if he feels unwell that day, reschedule.

Get your acct sorted, then become/act as POA for him and your grandmother and start sorting out their finances. Start by checking to make sure they aren't overpaying on utilities/insurance etc.

alanq

charlieboycat wrote: »

Are you aware that an LPA will have to be certified by an independent professional person to the effect that they have discussed the LPA with your grandfather and they are satisfied that he understands it?

Not necessarily so. The certifier "must have known you well for at least two years, or have relevant professional skills".
http://www.justice.gov.uk/downloads/forms/opg/lpa-pfa-lrg-print-1009.pdf

One of my Mum's friends certified for her but in her case there was no doubt that she had mental capacity. However, I agree that it may be wise if capacity is in doubt to have a medical person's opinion to reduce the chance of the LPA being challenged later.

Yorkie1

OP, you still haven't acknowledged the issue of deprivation of assets, let alone indicated you understand the potential implications. You really need to look into this irrespective of your GF's wishes.

TzarJay

Yorkie1 wrote: »

OP, you still haven't acknowledged the issue of deprivation of assets, let alone indicated you understand the potential implications. You really need to look into this irrespective of your GF's wishes.

Could you give me a quick explanation of it please ? Just a sentence about what it is. Had a look on google and it seems to be something to do with care home fee's. which he's never been in as he gets home care and my nana who is in good health also looks after him.

xylophone

If a person needs to go into a care home or applies for means tested benefits, the authorities may well check to see if that person has deprived themselves of assets so as to obtain council funded care or cash benefits.

In the situation you describe, regardless of the fact that your grandfather is cared for at home at the moment, I would think that the advice of a solicitor should be sought so that matters can be arranged in your grandfather's best interests.

http://www.lawsociety.org.uk/advice/practice-notes/gifts-of-assets/ might be worth a browse.

Yorkie1

TzarJay wrote: »

Could you give me a quick explanation of it please ? Just a sentence about what it is. Had a look on google and it seems to be something to do with care home fee's. which he's never been in as he gets home care and my nana who is in good health also looks after him.

Xylophone has explained it well; usually it relates to going into residential care or any means-tested benefits.

However, your reference to home care may - depending on the facts - also bring in deprivation of assets issues.

If, by giving away money to you, he ends up needing the state to fund an element of the home care - then again he is likely to be treated as deliberately given away his money in order to avoid having to pay for the care himself; as a result the local authority can treat him as if he still had the funds, and refuse to pay for the care.