We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Care home fees when house is not in joint names

13»

Comments

  • Sea_Shell
    Sea_Shell Posts: 10,071 Forumite
    Tenth Anniversary 1,000 Posts Photogenic Name Dropper
    Savvy_Sue wrote: »
    Fortunately, MIL's always handled the money. But they have joint accounts - and if the bank knew the situation, I believe they could reasonably freeze the accounts to protect FIL's interests ...

    Surely the banks can't do that with a joint account, as they've both got authority to operate the account.
    How's it going, AKA, Nutwatch? - 12 month spends to date = 2.60% of current retirement "pot" (as at end May 2025)
  • Keep_pedalling
    Keep_pedalling Posts: 21,469 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    Sea_Shell wrote: »
    Surely the banks can't do that with a joint account, as they've both got authority to operate the account.

    They can.

    https://www.youngdementiauk.org/clive-joint-accounts

    The thing about setting up a LPA is that ideally you do it when there is nothing wrong with you, so that you are coved if you have a serious accident or are struck down with a stroke, but putting that over to a silly old fool can be difficult if not impossible.
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Savvy_Sue wrote: »
    Fortunately, MIL's always handled the money. But they have joint accounts - and if the bank knew the situation, I believe they could reasonably freeze the accounts to protect FIL's interests ...

    MIL could open an individual account and transfer at least half of the money from the joint account into that.
  • Keep_pedalling
    Keep_pedalling Posts: 21,469 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    Savvy_Sue wrote: »

    Fortunately, MIL's always handled the money. But they have joint accounts - and if the bank knew the situation, I believe they could reasonably freeze the accounts to protect FIL's interests ...

    I think it would be wise for her to have her income paid into a seperate account in her name, just in case.

    Does she have an LPA in place?
  • Sea_Shell
    Sea_Shell Posts: 10,071 Forumite
    Tenth Anniversary 1,000 Posts Photogenic Name Dropper
    They can.

    https://www.youngdementiauk.org/clive-joint-accounts

    The thing about setting up a LPA is that ideally you do it when there is nothing wrong with you, so that you are coved if you have a serious accident or are struck down with a stroke, but putting that over to a silly old fool can be difficult if not impossible.

    Can they do that to a married couple though?. I can understand it with other relatives/friends, but surely not for couples!!
    How's it going, AKA, Nutwatch? - 12 month spends to date = 2.60% of current retirement "pot" (as at end May 2025)
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Sea_Shell wrote: »
    Can they do that to a married couple though?. I can understand it with other relatives/friends, but surely not for couples!!

    I don't know if the banks have changed their methods but it was listening to a programme about a young couple who had their joint accounts frozen that made us sort out POAs.

    The husband was the only wage earner; the wife was at home with two young children. He had a car accident and was in hospital in a coma. The bank froze their joint account 'because they had a duty of care to him'. She was reduced to borrowing from family and friends to feed the children and pay the bills.
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    Mojisola wrote: »
    I don't know if the banks have changed their methods but it was listening to a programme about a young couple who had their joint accounts frozen that made us sort out POAs.

    The husband was the only wage earner; the wife was at home with two young children. He had a car accident and was in hospital in a coma. The bank froze their joint account 'because they had a duty of care to him'. She was reduced to borrowing from family and friends to feed the children and pay the bills.
    I would question the right of the bank to do that. There might be a weak case for protecting 50% but the other joint owner clearly has the right to continue drawing on the rest. Sounds like the bank trying it on big time.
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I would question the right of the bank to do that. There might be a weak case for protecting 50% but the other joint owner clearly has the right to continue drawing on the rest. Sounds like the bank trying it on big time.

    She obviously did question it but the bank didn't back down, even after being contacted by the BBC programme which often leads to things being sorted out quickly.
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    Noted but it still does not mean it is legal.
  • Savvy_Sue
    Savvy_Sue Posts: 47,470 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    They can.

    https://www.youngdementiauk.org/clive-joint-accounts

    The thing about setting up a LPA is that ideally you do it when there is nothing wrong with you, so that you are coved if you have a serious accident or are struck down with a stroke, but putting that over to a silly old fool can be difficult if not impossible.
    Never mind silly or old, just a person who's always done things in a particular way, never seen any reason to change, doesn't believe anything you say which doesn't align with their view of the world ...
    Mojisola wrote: »
    MIL could open an individual account and transfer at least half of the money from the joint account into that.
    She could, but I doubt she will. Apart from anything else, she'd have to go into the bank with FIL (because she doesn't leave him at home on his own more than she has to), and he'd want to know why, and even though he wouldn't remember why for more than five minutes she wouldn't want to upset him. And I'm not sure she'd believe that the bank would actually freeze the account, and tbh I don't want to frighten her!
    Does she have an LPA in place?
    I'm not sure. There has been talk of doing one, and I think she's agreed it would be sensible, but I've seen no evidence of it happening. Having said that, I might not see any evidence: BIL lives with them (which relieves a LOT of worry, he could for example take over the bills if the account DID get frozen) and I know the idea was that he'd be attorney. Not sure if DH was also going to be one, not necessarily.
    Mojisola wrote: »
    I don't know if the banks have changed their methods but it was listening to a programme about a young couple who had their joint accounts frozen that made us sort out POAs.

    The husband was the only wage earner; the wife was at home with two young children. He had a car accident and was in hospital in a coma. The bank froze their joint account 'because they had a duty of care to him'. She was reduced to borrowing from family and friends to feed the children and pay the bills.
    I think I heard that story too! I don't know that it happens often - I suspect the bank doesn't always find out, and I certainly wouldn't rush to tell them!!!
    I would question the right of the bank to do that. There might be a weak case for protecting 50% but the other joint owner clearly has the right to continue drawing on the rest. Sounds like the bank trying it on big time.
    Possibly, but if the incapacitated account holder was clearly contributing the majority of the income, the bank might not buy your argument.

    In any case, anyone with any sense (ie not including my in-laws) would respond by making LPAs.
    Signature removed for peace of mind
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352K Banking & Borrowing
  • 253.5K Reduce Debt & Boost Income
  • 454.2K Spending & Discounts
  • 245K Work, Benefits & Business
  • 600.6K Mortgages, Homes & Bills
  • 177.4K Life & Family
  • 258.8K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.