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.
I don't have a power of attorney in place
- Thread starter Jennifer75
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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.
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.
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
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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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.
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.
I thought that in such circumstances, Appointeeship was sufficient.
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.
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?).
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.
