I don't have a power of attorney in place

Discussion in 'Legal and financial issues' started by Jennifer75, Nov 9, 2015.

  1. Jennifer75

    Jennifer75 Registered User

    Nov 9, 2015
    1
    My mother in law suffered a stroke recently which has left her unable to sign a power of attorney. She has a bank account with a zero balance that I want to close. Unfortunately they have charged her over £100 in overdraft costs and I can't find out what this is for. It could possibly be for her contents insurance which is another issue as she is currently in a care home waiting a permanent place and will not be returning to her flat. She has been diagnosed with Alzheimers and is paralysed on her dominant side so cannot "sign" anything. We've been to a solicitor which was unhelpful to say the least advising us to obtain a court of protection. My MIL does not own her own property, has no savings and is only in receipt of a state pension.
     
  2. Beate

    Beate Registered User

    May 21, 2014
    11,708
    Female
    London
    If she has lost capacity, in order to deal with her accounts on her behalf you will need to obtain deputyship via the court of protection. This is unfortunately a rather lengthy and costly process.
    https://www.gov.uk/become-deputy/overview

    To be honest, I am not sure whether there might be an option to obtain LPA if she technically still has capacity but physically can't move her hand to sign.
     
  3. nitram

    nitram Registered User

    Apr 6, 2011
    19,020
    Male
    North Manchester
    #3 nitram, Nov 9, 2015
    Last edited: Nov 9, 2015
    If she has lost capacity there is no other route than the COP.

    If she has capacity it is possible for her to make her mark on the document which is then countersigned by a witness.

    For the bank if she has capacity and can travel in a wheel chair you could try organising an appointment with the bank offering to bring her with photo ID so she can verbally ask that you are given third party access.

    EDIT
    Specifically for an LPA no signature is required
    2[SUP]nd[/SUP] EDIT
    See you beat me to it Sue38, I was busy finding LPA form and sorting out image
     

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  4. sue38

    sue38 Registered User

    Mar 6, 2007
    10,856
    Wigan, Lancs
    If she has mental capacity but her physical condition prevents her even from making a mark somone else can sign it at her direction. It involves quite a lot of people as the person signing must do so in the presence of 2 witnesses and there are rules about who can and can't sign it and who can and can't be a witness.
     
  5. Saffie

    Saffie Registered User

    Mar 26, 2011
    22,497
    Female
    Near Southampton
    Why is Deputyship or even LPA necessary if this lady doesn't own her own home, has no savings and her only income is her state pension?
    I thought that in such circumstances, Appointeeship was sufficient.
     
  6. nitram

    nitram Registered User

    Apr 6, 2011
    19,020
    Male
    North Manchester
    "I thought that in such circumstances, Appointeeship was sufficient."

    The OP is locked out of a bank account with a zero balance and overdraft which could have been caused by a SO/DD to something like an unknown insurance policy.
     
  7. Pickles53

    Pickles53 Registered User

    Feb 25, 2014
    2,482
    Radcliffe on Trent
    Maybe for income, but if the OP is trying to deal with bills from utility companies or closing insurance or sorting out the overdraft the companies might not be willing to deal with her.
     
  8. Beate

    Beate Registered User

    May 21, 2014
    11,708
    Female
    London
    I think the appointeeship is for dealing with the DWP with regards to receiving the pension but not for dealing with the bank with regards to anything else like closing an account (I'm assuming it's not the same account the pension would go into, because that would not make sense?).
     
  9. sue38

    sue38 Registered User

    Mar 6, 2007
    10,856
    Wigan, Lancs
    I would agree Saffie if it weren't for the account that is racking up overdraft charges. I think it may depend on what level of charges we're talking about here - I might be inclined to let the bank keep charging her on the basis that they're hardly likely to pursue her for a minimal amount, particularly if she lacks capacity. I honestly don't think I'd go the expense (and hassle) of deputyship just to deal with the bank account and utilities.
     

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