Help with dealing with finances

[MFJ]

Hi
my dad was admitted to hospital 5 weeks ago in a critical condition - he has recovered but now diagnosed with alcohol related dementia. His condition is severe and the SW is requesting CHC funding and looking for a specialist dementia unit . Unfortunately we didn’t have a power of attorney set up and his condition has deteriorated so rapidly he no longer has mental capacity. I have looked at applying for a CPO but as he has little money and no property to sell the solicitor has said it will cost more than he has saved. How then do I go about sorting his banking, dealing with his bills and everyday issues if I have no authority to do so ? He gave me verbal authority to deal with his bills but this is no use when I need to cancel his payments. Has anyone any advice or experience of this . Thanks

 

[canary]

Hi @MFJ and welcome to Talking Point.

Im afraid that your only option is applying to the Court of Protection for deputyship.
If you go through a solicitor it will cost in excess of £3,000 (mostly in solicitors fees), which is probably why the solicitor is saying that it will cost more than he has, but you dont have to go through a solicitor. You can download the application form from the gov site on the internet and do it yourself. The CoP will reduce the court fees for people with low savings/assets, but I cant remember the details.
I applied for deputyship myself for my mum and although there is a fair bit of paper shuffling it is doable. Organisations like AgeUK or Citizens Advice will also help with filling in the forms.

 

[MFJ]

Thanks for the reply !
Q on the COP application - do you have to notify a spouse who my dad has been separated from for 15yrs but not divorced? We have no address or idea where she is and she left him?
Also can you as part of being a deputy arrange for money gifts to his grandchildren / children ? And would the amount of these gifts have to be arranged as part of the CPO?
Think I’m going to make a start on the form without a solicitor .

 

[Jaded'n'faded]

If he's still legally married that could be very complicated when he dies, though not much you can do about it now.

I think you do have to notify other concerned parties with a PoA but I'm not sure of the rules around Deputyship.

If your father has very little money - I think below £15,000 and the council or NHS are paying all his care fees, then I think what's left is his to do as he likes with, so you could continue making gifts as long as these were in line with previous gifts. But with Deputyship, you will have to account for every single penny you spend.