Trying to get my Dad out of care home but bank account frozen - a real mess

Enzo_L

elsien said:

Enzo_L said:

Mark6701 said:

Hi all,



A few days ago in the care home they put a DOLS on him as he's slightly confused with being in hospital for quite a few weeks (not dementia).

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As my mum and dad have a joint bank account it'll likely be frozen due to not having a LPA in place.
 
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Best regards
Mark

It might be stating the obvious but has the care home ensured that your father hasn't got a urinary infection? That is a very common cause of confusion in elderly people, especially when immobile and in care settings.

The joint bank account shouldn't be frozen when a DOLS is made for one of the account holders.

I wouldn't attempt to pursue a Power of Attorney application while your father is subject to a DOLS. You would need to be economical with the truth as to his mental capacity to follow that course.

Not true. I have worked with a number of people who have a DoLS in place who have still been able to complete a power-of-attorney. The information they need to understand is very different and capacity is time and decision specific. 

however I said it would be wise to use a solicitor in case anyone else raises similar queries. 

The OP says the father is only "slightly confused". The DOLS, which in any event is temporary, with urgent autorisations lasting only a week,  and which can only last at eventually for a maximum for 12 months, raises the question of the father's capacity, so for a POA application to be lawfully made then the father would need to have a formal mental capacity assessment by a qualified professional.

To avoid that, it would be better for the OP to wait for the "slight" confusion to cease and the DOLS to end and then the father can pursue an online POA application without the expense of using a solicitor and without the need of a formal mental health assessment which would be required unless the family concealed the existence of the DOLS.

The family have plenty to deal with at the moment and pursuing a POA at this time is hardly a priority when they are needing to clarify care funding, get the DOLS reviewed, and get the father home. A POA can be simply and cheaply applied for for the father, and preferably for the mother too, at that point.

Thank you for giving us the benefit of your experience of having "worked with a number of people who have a DoLS" though to declare my contribution "not true".

brianposter

For many people it is probably simpler to apply for a POA on paper than online. Simply print off the application form.

elsien

“ I wouldn't attempt to pursue a Power of Attorney application while your father is subject to a DOLS. You would need to be economical with the truth as to his mental capacity to follow that course.”

seems a pretty categorical statement to me. 

Barkin

brianposter said:

For many people it is probably simpler to apply for a POA on paper than online. Simply print off the application form.

That's kinda how the online application works!

Fill in the various fields/boxes with legible typing, rather than my illegible handwriting...

The form can be saved and returned to later.

When it's all complete, you need to print it, and get the various signatures/dates filled in by hand, then post it.

Proper 'wet' signatures are required.

brianposter

Far easier to print it and then fill it in.

But it does raise an interesting question over who exactly is expected to fill it in.

Barkin

brianposter said:

Far easier to print it and then fill it in.

I'd suggest that it's a personal preference.

But it does raise an interesting question over who exactly is expected to fill it in.

It's really not important.
What is essential though, is that the signatories understand exactly what they're signing.

          

brianposter

Barkin said:

brianposter said:
It's really not important.
What is essential though, is that the signatories understand exactly what they're signing.

          

That is my point because, in my recollection, the subject of the LPA signs that they have filled in the form.

However, in our case, it did not appear that anybody checked.

Zanderman

brianposter said:

Barkin said:

brianposter said:
It's really not important.
What is essential though, is that the signatories understand exactly what they're signing.

          

That is my point because, in my recollection, the subject of the LPA signs that they have filled in the form.

However, in our case, it did not appear that anybody checked.

Not sure what you're getting at here. Who would check what exactly?

An LPA can be filled in by anyone (a solicitor, a friend, a relation) assisting the signatory. It doesn't have to be literally 'filled-in' by the signatory themselves. The signatory is then signing that they agree with what's been filled in (whoever wrote the actual words) and are signing it off. And their signature, to that effect, is then witnessed by the witness signatories. That is, in legal terms, sufficient. The OPG, who register LPAs, won't, ordinarily, be checking this information. Who are you suggesting should check?

Barkin

brianposter said:

Barkin said:

brianposter said:
It's really not important.
What is essential though, is that the signatories understand exactly what they're signing.

          

That is my point because, in my recollection, the subject of the LPA signs that they have filled in the form.

However, in our case, it did not appear that anybody checked.

No, there is no such requirement.

If there were it would be impossible to audit, and solicitors, for example, wouldn't be able to do it.

https://www.gov.uk/power-of-attorney/make-lasting-power

---x---
You can get someone else to use the online service or fill in the paper forms for you, for example a family member, friend or solicitor.
---x---

elsien

It could be interpreted as making sure that sections  1 to 7 relating to the donor are filled in, with nothing missed out. As in, making sure the donor knows that all those bits have to be completed with no gaps?
The last LPA I was involved with the solicitor filled everything out and the donor just signed it. 

The one before that, parent  dictated it and I wrote it. doesn’t make sense that the person themselves has actually  complete it because if you’ve had a stroke or have some other type of disability or you’re just really ill, you might not be physically able to.