Deputyship cop form

leethomp

New member
May 16, 2024
1
0
Hi all , how did anyone get around the ridiculous situation of GP , memory services, adult social services and mums solicitor refusing to complete capacity form for mum. Too late for POA unfortunately . I am happy to pay independent SW if anyone knows one in the Swindon wilts area, I live in Wales and Mum is in England and a follow on question is what happens when her money runs out , she is currently private funded.
Thanks
Frustrated of Wales.
 

Cherry2

Registered User
Jul 24, 2017
17
0
Hi all , how did anyone get around the ridiculous situation of GP , memory services, adult social services and mums solicitor refusing to complete capacity form for mum. Too late for POA unfortunately . I am happy to pay independent SW if anyone knows one in the Swindon wilts area, I live in Wales and Mum is in England and a follow on question is what happens when her money runs out , she is currently private funded.
Thanks
Frustrated of Wales.
 

Cherry2

Registered User
Jul 24, 2017
17
0
Hi, I am in a similar situation. My father recently passed away and although I had LPOA for him, we were never able to complete this for Mum, who has advanced mixed Dementia and has been resident in a Nursing Home for nearly 6 years, by the time Mum was diagnosed she did not have capacity! I am now stuck in the situation that because they had a joint bank account, the bank has frozen the account, even though my father left a will naming my sister and me as executors, to look after his money and to provide for Mum. The bank now refuses me access to the account and say they despite his Codicil, the money in the joint account is legally Mum's, even though she does not have capacity to access or use the money. Also, they say they have to continue to send statements to Dad's old sheltered housing address even though this will soon be occupied by someone else and the bank ( National Westminster) will not accept Mum's Nursing Home address without her consent. My only option is Court of Protection, but I am struggling to find someone to complete the Capacity section. I have been advised to contact a private Psychiatrist to assess Mum ( which I am sure she will find stressful) to complete the necessary form. I am considering whether to just leave things as they are, as the assessment will be quite expensive. I am not particularly bothered about accessing the money in the account, more about her personal information/statements getting into the wrong hands.
 

nitram

Registered User
Apr 6, 2011
30,606
0
Bury
they say they have to continue to send statements to Dad's old sheltered housing address even though this will soon be occupied by someone else
As long as he had a unique address at the sheltered housing you can get the mail redirected

If someone has passed away, moved into a residential nursing / care home or you have power of attorney, deputyship or similar legal authority, we can help by redirecting* their mail to your address for up to four years.

. The bank now refuses me access to the account and say they despite his Codicil, the money in the joint account is legally Mum's
The bank are correct, with joint accounts if one joint holder dies their share is distributed between the other joint holders outside of any will.
 
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Misslovely

Registered User
Mar 22, 2021
100
0
Hi. I am under the impression that a psychiatrist would be able to assess capacity. For my parent we had to get an independant assessor which the solicitor recommended.

I hope you get this sorted out. It can take a long time to get deputyship done
 

sue31

Registered User
Oct 2, 2023
198
0
Medway
Hi, I am in a similar situation. My father recently passed away and although I had LPOA for him, we were never able to complete this for Mum, who has advanced mixed Dementia and has been resident in a Nursing Home for nearly 6 years, by the time Mum was diagnosed she did not have capacity! I am now stuck in the situation that because they had a joint bank account, the bank has frozen the account, even though my father left a will naming my sister and me as executors, to look after his money and to provide for Mum. The bank now refuses me access to the account and say they despite his Codicil, the money in the joint account is legally Mum's, even though she does not have capacity to access or use the money. Also, they say they have to continue to send statements to Dad's old sheltered housing address even though this will soon be occupied by someone else and the bank ( National Westminster) will not accept Mum's Nursing Home address without her consent. My only option is Court of Protection, but I am struggling to find someone to complete the Capacity section. I have been advised to contact a private Psychiatrist to assess Mum ( which I am sure she will find stressful) to complete the necessary form. I am considering whether to just leave things as they are, as the assessment will be quite expensive. I am not particularly bothered about accessing the money in the account, more about her personal information/statements getting into the wrong hands.
Have you applied for & been grated probate?
If you have documents you should be able to at least change addresses for your mum to receive the correspondence.

Have you been into the bank branch, had a proper meeting with one of the advisors - taking all the paperwork with you?

I’ve had so many issues dealing with financial stuff for both mum when dad died and again when mum died in February.
Some still ongoing.
One even asked me if she could speak to the account holder otherwise she couldn’t help me 🙈 I said unfortunately her ashes can’t speak - what bit of dead are you not understanding, I’ve already sent you both the death certificate & probate grant. Unbelievable!
A lot of the staff that answer the phones haven’t got a damn clue.

I hope someone on here can point you in the right direction to get this sorted out. It’s not impossible.
 

Cherry2

Registered User
Jul 24, 2017
17
0
Have you applied for & been grated probate?
If you have documents you should be able to at least change addresses for your mum to receive the correspondence.

Have you been into the bank branch, had a proper meeting with one of the advisors - taking all the paperwork with you?

I’ve had so many issues dealing with financial stuff for both mum when dad died and again when mum died in February.
Some still ongoing.
One even asked me if she could speak to the account holder otherwise she couldn’t help me 🙈 I said unfortunately her ashes can’t speak - what bit of dead are you not understanding, I’ve already sent you both the death certificate & probate grant. Unbelievable!
A lot of the staff that answer the phones haven’t got a damn clue.

I hope someone on here can point you in the right direction to get this sorted out. It’s not impossible.
Thank you Sue. I did originally go to a branch of Nat West ( Finding an actual branch is an achievement in itself these days!) taking all the documentation but because Mum and Dad still had a joint account they just removed Dad from the account, which meant I no longer had access to the online banking or the LPA debit card I had for the account. I have spoken to a dedicated Customer Support Specialist but she says, legally they have to send the statements to the address they have on file unless Mum can tell them otherwise! It is quite ridiculous as Mum is in the advanced stages of Mixed Dementia and unable to do this. I have just been made appointee for her pension, so DWP suggested that I take the form to the bank and see if they will accept this. I'm not holding my breath. Hope you manage to get everything sorted.
 

Cherry2

Registered User
Jul 24, 2017
17
0
As long as he had a unique address at the sheltered housing you can get the mail redirected

If someone has passed away, moved into a residential nursing / care home or you have power of attorney, deputyship or similar legal authority, we can help by redirecting* their mail to your address for up to four years.


The bank are correct, with joint accounts if one joint holder dies their share is distributed between the other joint holders outside of any will.
I have managed to get Dad's mail redirected, it is my Mum's mail that I'm having trouble with as I don't have LPA for her and she hasn't got capacity to sign the form to redirect her mail.
 

Cherry2

Registered User
Jul 24, 2017
17
0
Hi. I am under the impression that a psychiatrist would be able to assess capacity. For my parent we had to get an independant assessor which the solicitor recommended.

I hope you get this sorted out. It can take a long time to get deputyship done
Thank you!
 

sue31

Registered User
Oct 2, 2023
198
0
Medway
Thank you Sue. I did originally go to a branch of Nat West ( Finding an actual branch is an achievement in itself these days!) taking all the documentation but because Mum and Dad still had a joint account they just removed Dad from the account, which meant I no longer had access to the online banking or the LPA debit card I had for the account. I have spoken to a dedicated Customer Support Specialist but she says, legally they have to send the statements to the address they have on file unless Mum can tell them otherwise! It is quite ridiculous as Mum is in the advanced stages of Mixed Dementia and unable to do this. I have just been made appointee for her pension, so DWP suggested that I take the form to the bank and see if they will accept this. I'm not holding my breath. Hope you manage to get everything sorted.
It’s utter madness isn’t it.
I understand they have to be protective & are accountable should anything go wrong but it seems like the world’s gone mad.
I lost the plot in HSBC today.
They froze mums account, opened an executor account for me - which is fine but they also stopped all her statements for her accounts so I’m not able to see what companies have returned funds to those accounts. 🤷‍♀️🤦‍♀️
After several phone calls I finally got them to agree to send them - not sure what ones I’ll receive either. That was 3 weeks ago.
In branch today - it can take several weeks for them to supply it…. And I have to request it every month if needed. Madness…. Quick enough to issue charges but ask them to supply a service you’ve got no chance.
Think I’ll start stashing my money in.a flaming teapot save my kids the trouble of dealing with banks when I’m gone!
 

Cherry2

Registered User
Jul 24, 2017
17
0
It’s utter madness isn’t it.
I understand they have to be protective & are accountable should anything go wrong but it seems like the world’s gone mad.
I lost the plot in HSBC today.
They froze mums account, opened an executor account for me - which is fine but they also stopped all her statements for her accounts so I’m not able to see what companies have returned funds to those accounts. 🤷‍♀️🤦‍♀️
After several phone calls I finally got them to agree to send them - not sure what ones I’ll receive either. That was 3 weeks ago.
In branch today - it can take several weeks for them to supply it…. And I have to request it every month if needed. Madness…. Quick enough to issue charges but ask them to supply a service you’ve got no chance.
Think I’ll start stashing my money in.a flaming teapot save my kids the trouble of dealing with banks when I’m gone!
I'm normally quite an organised person but I am definitely finding all of this a challenge. It is 1 step forward and 2 steps back all the way. After Dad passed away DWP paid money in error to his joint bank account, which I have no way of accessing but they then sent me a letter from a debt collecting department asking if I could possibly repay it as they couldn't get it back!
 

Cherry2

Registered User
Jul 24, 2017
17
0
Hi all , how did anyone get around the ridiculous situation of GP , memory services, adult social services and mums solicitor refusing to complete capacity form for mum. Too late for POA unfortunately . I am happy to pay independent SW if anyone knows one in the Swindon wilts area, I live in Wales and Mum is in England and a follow on question is what happens when her money runs out , she is currently private funded.
Thanks
Frustrated of Wales.
I just found this company online https://www.nelliesupports.com/services/mental-capacity-assessments It would be good to know if anyone has any experience of using them.
 

sue31

Registered User
Oct 2, 2023
198
0
Medway
I'm normally quite an organised person but I am definitely finding all of this a challenge. It is 1 step forward and 2 steps back all the way. After Dad passed away DWP paid money in error to his joint bank account, which I have no way of accessing but they then sent me a letter from a debt collecting department asking if I could possibly repay it as they couldn't get it back!
Just write back to them. Be honest you can’t give it back because the bank won’t let you.
Or take the letter into the bank & tell them to pay it directly or you’ll be sending the debt collector into the branch.
Madness!
 

Female1952

Registered User
Apr 6, 2021
43
0
I used an independent social worker - but was not allowed on this forum to say how to find a list of SWs. Try Google.
 

mhw

Registered User
Apr 4, 2024
59
0
For the cop3 for deputyship we paid a private psychiatrist who came to the house and assessed mums cognition and communication skills, that one report has served in 3 applications since for other stuff added onto the deputyship.