Court of protection confusion

[Claire middlemiss]

Hi all, im new to this forum and have been reading through some of the previous threads which have been very helpful but im hoping to get some advice on court of protection. My mum is in a care home and my dad still lives in their home - mums social worker said that we need to get COP for mum because of her money being in joint accounts and the bank could freeze the accounts and may us pay for mums full care costs but shes only just a financial assessment done and everything was disclosed so why would they look at freezing the bank accounts?

 

[nitram]

If a bank knows somebody lacks capacity they act in the person's best interest and freeze their accounts including any which are joint.

 

[maggie6445]

Could your dad withdraw his half of joint account money and put it in his name. Also have any of his income transferred to his new account. He could then ask for his name to be removed from the joint account leaving it in your mum's name. The joint account may be frozen because as money is withdrawn from it your mum's half would reduce.

 

[nitram]

Could your dad withdraw his half of joint account money

Not if the account is closed,

He could then ask for his name to be removed from the joint account leaving it in your mum's name.

Both joint holders have to sign to make an account sole.

 

[maggie6445]

OP said the bank could freeze the account so may not have already done so.