Dads been sectioned 117

Nephtari

My dad was sectioned because of dementia.  He is fully funded and we have no power of attorney.  My mother is able to withdraw his money to buy him clothes bedding etc.  He’s been sectioned for about 4 years and his savings are rising.  What would happen to this savings account if he died.  Would it be taken by the authorities that are funding him? Or would this become my mothers?  He has a will leaving everything to her. 

elsien

Are you sure your father is still under section - that would be unusual unless there were particular issues over and above the dementia. What sort of setting is he now in - hospital or care home?ETA - just spotted the 117 reference, so he’s not detained under section but is eligible for the aftercare. 

If there is no power of attorney then a deputyship should be applied for through the court of protection if there is a reasonable amount of money building up. 

https://www.gov.uk/become-deputy/apply-deputy

Unless mum is accessing money through a joint account, any third party bank mandate would cease to be lawful when your dad lost capacity. 

If he’s fully health funded then he doesn’t pay towards his care and that doesn’t change after his death. Any money would be distributed as per his will. 

Nephtari

Thank you so much.  Yes there’s more to it than dementia. He Is fully health funded and has to be assessed every year.  Will look into becoming a deputy.  Very helpful thanx 

elsien

You do also need to bear in mind that in the future the assessment may conclude that he no longer requires full health funding, in which case he would potentially need to start paying towards his care (depending on the setting.)  It may not happen but it’s also not beyond the realms of possibility.