No POA

[doobedoo]

I've had a problem getting POA as the solicitor doesn't think hubby is capable of understanding what it is and we are now waiting for the GP to assess him, before continuing. Unfortunately hubby has deteriorated much quicker than I thought he would. I've just received a letter from his bank, we had separate accounts, which says that they are no longer going to offer Current Accounts and that he needs to transfer his money to another bank by September this year. I have been managing his account online for him as he has several small work pensions going in and these then help to fund his care costs as he is now in a care home. All I do is check the money comes in and goes out each month online. What I'm asking is does anyone know how I can sort this out as I don't have POA so I assume I have no legal right to do anything? If I talked to hubby about it, I really don't think he would understand any more and he certainly wouldn't be able to sort a new bank account. It just seems I sort one problem out to get another one.

 

[Beate]

If you can't get POA, you need to apply for deputyship. It's onerous admin and costly, but no bank will let you open a new account for someone else without any legal power to do so.

 

[jaymor]

Beate is correct, you will have to apply to the Court of Protection to act as your husband's deputy to cover property and finance. This process can take between 3 and 6 months to complete and the cost from memory p,is £400 and there will be annual costs. You have to produce accounts annually for income and expenditure.

It is always advisable to apply for LPAs as soon as diagnosis is confirmed. It can then be registered and put aside until it is needed. You have peace of mind that you will be able to deal with everything. When my husband was diagnosed I had both drawn up to cover me should I ever need help. It is a bit like an insurance policy, we all hope it won't be needed but valuable should we do so.

Hopefully the bank will give you the time to obtain the Court of Protection before they close the account.

 

[Katrine]

You can apply to COP for an emergency order to do something specific, such as to open a new bank account, but the problem will be the pension providers. If you write asking them to make payments into a different account they will require a copy of the deputyship order, which you may not yet have. I think you need advice from a solicitor a.s.a.p.

 

[canary]

You dont have to get a solicitor to do it - you can apply for deputyship yourself. There is a lot of paper pushing, but it is doable. It is also much cheaper if you can do it yourself.
You can ask the court of protection to fast-track the application and I think they will definitely consider it in these circumstances.

 

[Angie1996]

I sent my dad to the solicitor twice to do the POA and twice the solicitor turned it down as she deemed my dad not having capacity. I went to the memory clinic and the physiatrist assessed my dad and asked him the questions required, then signed it. For me my dad knew what I wanted to do and understood it when the psychiatrist did it.

The solicitor was much tougher and really did not understand the need to do this, however the physiatrist was fully understanding on the need and that dad knew what he was doing ....

Just thought I would let you know how I got it sorted if it helps?

You do not need a solicitor for POA

Regards
Angie

 

[pamann]

Hello doobedoo, my solicitor has applied to the courts for Deputyship, it will cost me £1,500, that includes solicitors fees, l have been waiting 8 months, can take up to a year. I was told by our SS that l must have it. You can do it your self, l did not want the hassle, as l was told you don't always get it without a solicitor.

 

[Shedrech]

Hi doobedoo
I wonder if it's worth visiting the new bank of your choice with your husband (I'm hoping he's still able to go out, if not maybe someone from the bank could visit you both in the care home - I know my dad's bank manager makes some 'home' visits) and opening the new account with you doing the talking and filling in the forms, with your husband's permission, so that your husband only has to sign.
I believe these days the new bank will then be able to organise the changing of direct debits etc. - and you can organise the account so it pretty much runs itself
If the new bank don't think your husband is capable of giving his consent, they simply will not do anything - I don't think you need to go into the problem about POA, as there's been no official confirmation that your husband lacks capacity (at least that's how I understand your post) - your husband may not understand all the details but he may understand that an account is being set up
It might be worth asking for you to be given third party access - I think that's the term (it's not the same as a joint account) - as this will give you legal access to his account to manage it for him
My dad's bank were happy to have me do the talking when we both went to appointments and dad said he gave his permission, and everything was done in front of him so he could have indicated at any time that he didn't agree with what I was saying. He has now no capacity so the POA has been registered with the bank. You can do this later if/when you get POA or Deputyship.
Worth a try?

 

[doobedoo]

Thank you all for your replies. No idea what I'm going to do as took him to my bank today but he really couldn't answer the questions so they've refused, so not going to get another bank to agree. It's the solicitors fault we're in this mess as he's been dragging his feet regarding POA as we started the process last September! Will get on to my husbands bank and pensions providers although before he had dementia I had very little to do with his finances, so no idea where I find the information out on his pensions but will try. Just feel like I lurch from one disaster to another with all of this, but again a big thank you to all of you out there who probably have far worse problems than myself.

 

[Beate]

Your only way now seems to apply for deputyship. It takes a while to come through so don't delay any longer. You've already lost two weeks from when you first asked.

 

[nitram]

If you are in the process of applying for deputyship you can make an emergency application to solve a specific problem ie forced to move bank account.
https://www.gov.uk/emergency-court-of-protection
I think this application is free.