Help needed please for my dad

buster1967

My Grandmother had a stroke about a month ago and is in the hospitals recuperation unit.

Iam posting this is my dad and my aunty are stressed to hell regarding what to do about her banking and the payments she needs to pay.

Just before she had the stroke she was due to go into a new bungalow which still has to be paid for but as my grandmother has had the stroke she cannot sign her name so the payments are not getting paid.

She has a savings account and my dad wants to change it to a current account so they can change her payments to direct debit.

They went to the bank to ask what they need to do and the bank said the doctor or a nurse at the hospital can watch my grandmother scribble her name and aslong as they say she did try to sign her name the bank can change her account.

But the doctor and the nurses say they cannot do this as they are not allowed, so my dad and my aunt are stumped on what they can do next.

Can someone please advise my dad and aunt what they can do regarding this situation.

Another thing when my grandmother moved out of her old home she received a cheque that needs her signature but as ive stated she has had a stroke and cannot sign her name.
I told my dad to get in touch with the CAB which he did but they didnt give him anything in which to get this mess sorted, which i was very surprised to hear.

Iam sorry if this is not in the right section of the forums.

regularsaver1

Sometimes the NHS can write a letter explaining that she is unable to deal with her finances ect

Is your dad looking to get some kind of power of attorney on her accounts?

http://www.guardianship.gov.uk/theservice/enduringpower.htm

I;m not an expert, but there may be a rule about the fact that she is not fit right now. Your dad would not a solicitor to witness this

Be warned though only 2 people can be named on a current account - eg your grandmother and your dad. so your auntie won't be able to as well

Edinburghlass_2

May be different in England but it Scotland you will need to get a power of attorney sorted out and the lawyer will need to visit your grandmother and get her to sign the papers and know that she is aware of what she is signing.

buster1967

Yes it is power of attorney that they need my grandmother is still ok considering she is 94 and had the stroke but she cannot sign her name as it has affected her hand that she signs with.

also you say get a solicitor can they get any help in that department as they dont have any money to pay the solicitor.

thanks very much for the replies.

Edinburghlass_2

Well I'm surprised CAB didn't help further with that. Yes it will cost but maybe try Social Services, your local dr, health visitor?

buster1967

Thanks very much for the information i will let my dad know.

jonesMUFCforever

This reply won't be popular but it is the rule for the bank I work for.

If your grandmother can't sign then the bank will do nothing - they will not accept someone else's instructions.

However a Power of Attorney arranged through the Court of Protection will be allowed to sign on her behalf although this will be expensive.

buster1967

ejones999 wrote: »

If your grandmother can't sign then the bank will do nothing - they will not accept someone else's instructions

so how come her bank did ask my dad to get her doctor or nurse to witness her trying to write her signature then bring it back.


lets hope she isnt in the bank where you work then. this isnt a pop at you just at your bank by the way.

tonyfu

You mention that your Grandmother is still in hospital in which case does she still have an allocated Consultant or some other doctor responsible for her care? You may need a letter or some sort of testimony, if so I would contact the allocated hospital doctor rather than your local doctor or health visitor whilst she is still in hospital.

Unfortunately this isn't a new situation so there must be a solution to it, have you tried asking the ward sister if she knows how other patients' families have managed to sort out practicalities like this? If your Grandmother has a Social Worker then s/he should also be able to help with this.

Groups such as Age Concern might be more useful than CAB in this area.

There is a piece of legislation called the Mental Capacity Act (2005) which came into effect in April 2007. This will be very relevant to your Grandmother's situation. There is loads of information on the internet about it. It has a Code of Practice which provides info about how the Act should work in practice. This Act also covers things like Power of Attorney.

Hope things are sorted out soon and without too much hassle.

Tony

tonyfu

There is information about the Mental Capacity Act here:

http://www.dca.gov.uk/menincap/legis.htm#codeofpractice

including the Code of Practice (nearly 240 pages long!) but there is a very handy summary which is only 5 pages (not the "easy read" version).

This Act is going to have a big impact within health and social care and people are still getting to grips with it. I don't know if many people in the banking industry are familiar with it yet. Incidentally, just because your Grandmother can't sign her name doesn't mean that she no longer has the capacity to make important decisions (e.g. regarding her financial matters), it would depend on how much impact the stroke has had on her brain (and which areas of the brain).

Anyway if doctors, social workers and the banks etc aren't being very helpful about sorting this out, your Dad and Aunty could start asking them about the Mental Capacity Act and how it applies to your Grandmother. This should spur them into action! People can't just shrug their shoulders anymore and say "nothing I can do about it" because there is a legal framework that should be applied now.

Tony

jonesMUFCforever

And what if Granny makes a full recovery but then realises a lot of money has gone from her account because her helpful 'family' had helped themselves?

There is provision for obtaining a third party access but this has to be done at a time when she knows what she is consenting to. Likewise with an Enduring Power of Attorney.

If she is incapable of knowing what is going on then a Court of Protection order might be the only way forward.