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Power of attorney

edited 30 November -1 at 1:00AM in Deaths, Funerals & Probate
13 replies 1.1K views
HowardsHowards Forumite
34 posts
Third Anniversary 10 Posts Combo Breaker
edited 30 November -1 at 1:00AM in Deaths, Funerals & Probate
My mum has sadly recently died... we have poa on her but my dad is in a home
With advanced dementia.He was too ill to do poa when we did mums
I am Executor on the will with my Dad... but of course he is unable to act

I am unsure of what we can do now...poa is lodged with bank

Can I use mums account to pay funeral expenses ?

I think now need to apply for court of protection for dad ......? Is this correct



What should I do and not do

Any advice appreciated Thanks
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Replies

  • Robin9Robin9 Forumite
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    The poa for your Mum lapsed on her death
    Never pay on an estimated bill
  • JGB1955JGB1955 Forumite
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    If your parents had a joint account it will remain open and can be used to pay funeral expenses... only problem (perhaps) being that your father may not be able to physically access/run his account. If it was a sole account the bank should pay the funeral expenses upon receipt of an invoice from the funeral director (assuming there is enough money in the account). The bank will want to see the death certificate.


    As I understand it, applying to the Court of Protection may be a lengthy and costly experience.
    #36 Saving for Christmas 2020 - £1 a day challenge.... £285/366....and the hair is getting longer!
  • HowardsHowards Forumite
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    Thanks for your comments.... just to clarify a couple of points

    Father definitely unable to access or run accounts as in home for dementia patients

    Account is in joint names of mum and dad

    Guess what your suggesting is bank may support payments such as funeral expenses....?
  • Savvy_SueSavvy_Sue Forumite
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    My thinking is that you need to tell the bank immediately that Mum has died, and that Dad is no longer capable of dealing with his financial affairs. At that point they should lock the account, but I cannot see why they would not still pay for a funeral if given the invoice and Mum's death certificate, because it would clearly be appropriate for him to do so if he was capable.

    And yes, Court of Protection is the way to go.

    But it shouldn't be a problem not to have him as executor, I'm sure there's a box where you can explain that on the forms.

    Sorry for your loss.
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  • HowardsHowards Forumite
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    My father has Sadly recently passed only a year after my mother...
    I am the executor and trustee on the will and was also Deputy for my father
    I have a sister but my brother pre deceased my father last year
    in the will it states my brothers share would go to his child/children.... that’s obviously 
    what should happen however he is only 15.... his mum is still alive
    What views/recommendations does anyone have as best/right way to arrange 
    should I be setting up a trust ?  or placing money in a building society account and handing that to him at 18?
    Could I stipulate a different age 21 or 25 .?...... could it be flexible
    Any thoughts would be appreciated
    Thanks

  • pphillipspphillips Forumite
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    Howards said:
    My father has Sadly recently passed only a year after my mother...
    I am the executor and trustee on the will and was also Deputy for my father
    I have a sister but my brother pre deceased my father last year
    in the will it states my brothers share would go to his child/children.... that’s obviously 
    what should happen however he is only 15.... his mum is still alive
    What views/recommendations does anyone have as best/right way to arrange 
    should I be setting up a trust ?  or placing money in a building society account and handing that to him at 18?
    Could I stipulate a different age 21 or 25 .?...... could it be flexible
    Any thoughts would be appreciated
    Thanks

    Does the will include trust provisions?
    If not, his mother will need to open an account that he can access when he is 18.
  • HowardsHowards Forumite
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    Thanks PPhillip have now started a new thread this got mixed up with an old one

    What if the money was not available to him at 18.... who would be responsible



  • MojisolaMojisola Forumite
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    Howards said:
    What if the money was not available to him at 18.... who would be responsible
    The executor - you, in this case.

  • HowardsHowards Forumite
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    Thanks Mojisola Yes I thought so..... would like to ensure transparency and be able to pass to nephew at appropriate time
    .... really want to set this up safely & securely 
  • MalthusianMalthusian Forumite
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    Mojisola said:
    Howards said:
    What if the money was not available to him at 18.... who would be responsible
    The executor - you, in this case.

    No, the trustee. If the executor had passed the 15-year-old's money to his trustee(s), the executor would have done his job in correctly distributing the estate, and would not be liable if the trustee somehow misplaced the money afterwards. The trustee would be liable.
    The 15-year-old's trustee would presumably be his mother - when the OP says he is "executor and trustee" it seems likely he's referring to the standard verbiage about him holding the estate's money in trust, not that he has also been appointed trustee for minor heirs.
    As pphillips says, if the mother will be trustee for her son's money, she needs to open an account to receive his inheritance and the OP just needs to pay it in. Passing the money to the nephew in three years and prudently saving / investing it during that time will be her job.
    If the Will specifies that the OP is to be trustee of his nephew's money it would be different, but that seems unlikely as a) the deceased envisaged his adult son inheriting, not his minor grandson b) his mother would be the natural candidate unless there's something we're not being told.
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