Elderly parent and bank account
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Refer to the helpful replies above! The correct thing to do in this situation is to get a PoA, probably a Lasting PoA. The donor *doesn't* have to have mental capacity for you to do this. It does require you going through a solicitor and wading through some paperwork. Your mother's bank should be able to assist and provide forms, or guidance on what forms they can accept. It's a bit of a process so best to get started ASAP.: )0
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My mother is in receipt of pension and housing benefit. She lives in rented accommodation. Her council tax is paid in full by the Benefits Agency hor whatever they are called these days). She can't go into a care home because she says she doesn't want to - and a persons wishes no matter how unhelpful must be taken into account (so I am told by social services).
What I need is someone who works in a bank, who has observed a similar situation, and can advise how we help a demented widow like this. She has money, paid into her bank account regularly by the state, but she can't access it, neither can her council carers and neither can I as her daughter. That is the problem, and that's where I need advice as a close relative but someone without PoA.
As you've already been told, you can't get power of attorney but you can go for a deputyship. This is not a quick process so you need to start straight away.
In the meantime you can apply to the DWP to be appointee for any benefits/her pension. This will allow you to have these paid into another account which will give you access to some of her money while the deputyship is being set up.
https://www.gov.uk/become-appointee-for-someone-claiming-benefits
With regards to the care home scenario, social services are partially correct. Any decision would have to be a best interests decision and made on the balance of benefits and burdens with the least restrictive option being preferable. While your mum is managing at home with support, and is safe to continue living there, then it would be difficult to argue that a care home would be in her best interests as people with dementia manage better in familiar surrounding, as well as needing to take her own wishes and preferences into account. But this doesn't rule out a care home in future as mum's illness gets worse and she becomes more vulnerable/the risks increase.All shall be well, and all shall be well, and all manner of things shall be well.
Pedant alert - it's could have, not could of.0 -
I am sorry, and don't want to sound ungrateful, but aren't we going round in circles here? Other posters have agreed that a lawyer would not draw up PoA if he witnessed my mother in his office constantly repeating herself and basically talking in a nonsensical way? She maintains that she can make decisions and wants to remain independent, but the reality is that she just stares at bills and can't pay them because she has no cheque book and no access to cash. This means that she can't even take a bus ride into town to talk to the bank (even if she was capable) because she has no money in her purse. When she got to the bank, she wouldn't remember why she was there. Do you see the problem?0
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Elsien, our posts crossed. I need to know more about this DWP deputyship. Is it something I can do over the phone (the initial advicej and then complete paperwork at my home at a later date?0
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Just added a link in my post about being an appointee.
This is different to a deputyship because it's just for benefits whereas the deputyship allows you to access all her finances. But it's a starting point.All shall be well, and all shall be well, and all manner of things shall be well.
Pedant alert - it's could have, not could of.0 -
Elsien, our posts crossed. I need to know more about this DWP deputyship. Is it something I can do over the phone (the initial advicej and then complete paperwork at my home at a later date?
DWP deputy here:
https://www.gov.uk/become-appointee-for-someone-claiming-benefits
Court appointed deputy info here:
https://www.gov.uk/become-deputy0 -
Apologies, I used the wrong terminology earlier. It's the Court of Protection order which can be gained in the case of mental incapacity.: )0
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Elsien, our posts crossed. I need to know more about this DWP deputyship. Is it something I can do over the phone (the initial advicej and then complete paperwork at my home at a later date?
Beenie - read the links people have posted! Those set out the procedure you need to follow.0 -
Yes, I have done that now. Many thanks to all for their useful input, especially noh with his/her links to DWP benefits appointee info.0
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Are you sure you could not apply for power of attorney - sounds like she may not entirely have lost mental capacity. but is just a bit forgetful. You would need a certificate provider who has known her for two years to sign the form to confirm she is agreeable as well as your mum.
You as an attorney can apply for her and create the form online - and if she is on benefits the cost will be nil.
The alternative is costly and complicated.
https://www.gov.uk/become-deputy/responsibilities0
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