Legal question / assistance

cosyp

Hi all forum followers!


I'm not sure if I'm on the right thread but hoping someone out there may be able to give some advice as not really sure where to go.


My father who is 70 has got dementia (last 4+ years). He has been retired for quite a few years (10+) with no savings and just receiving his state pension and benefits for dementia. However, after finally being able to sign him up to online banking so that I can monitor his spending (he recently ordered a gardening book - he lives on a 2nd floor flat! Cheap rings from a shopping channel etc etc), I've since found out that he got a £6k loan 4 years ago. At that time, and especially now where we can barely talk, he was not fit for purpose to receive this money.


Is it worth me seeking any legal advice on his behalf? I don't mind doing a no win, no fee company as we don't have the money to pay upfront but am shocked that they agreed to give him this in the condition he is in and with no capital other than the state pension. He can barely walk or indeed speak and his memory is non-existent - he can't even answer why or what the loan was for!!


On a smaller scale, he also has a credit card with £700 on it where he is being charged monthly for not paying it off, where in fact he wouldn't know what to do.


Any assistance would be greatly appreciated.


Thanks,
Cosyp

GlasweJen

Does he have capacity?
If not when was he assessed as not having capacity?

Do you have power of attorney?
If not do you have a guardianship order?
If so does it include welfare, finance or both?

You can't act for your dad unless he has lost capacity and you are legally entitled to handle his affairs. Just getting him to sign up for online banking doesn't entitle you to handle any problems you find and the bank won't be allowed to communicate with you without an order in place either from a pre-existing POA or a guardianship order.

oldhand

If he was not fit at the time to ask for a loan and presumably sign the paperwork for it perhaps he still has the 6k lying in his account as its unlikely he would have been in a fit state to have spent it..If you are able to check his account and see in case it is there you could arrange to pay it back and hopefully if you explained the circumstances the bank might reduce the interest due.......

Newly_retired

I am not sure why you got him signed up for online banking if he is so confused?
Sorry I can't help on the other issues.

[Deleted User]

POA may be the way to go, but if you are barely on speaking terms? or is that he just refuses to discuss any of this?
Advice might be forthcoming from AGE UK

GlasweJen

You can't get POA if he's already lost capacity, if he is unable to make decision like the OP is claiming then someone will need to get a guardianship order which is a legal process involving courts and possibly medical assessment to see if the person does lack capacity and in what areas he can't make decisions.

Making bad financial decisions is not an indication of lacking capacity, if it was half the forum would need guardians.