Using a relatives bank account before deputyship is granted

[cworswick]

Hi

I wonder if anyone can help me here.

My relative has just gone into a care home and I have just started the process of applying for a deputyship through the court of protection so that I can access his account to pay his fees.

I have spent hundreds of pounds of my own money so far so can i withdraw that from his account before the order comes through as I'm told it could take months.

I visited him yesterday and he's told me to take money out but he does lack mental capacity most of the time so I can't really be sure that I have his consent to do so although he gave me his card and pin number some time ago when he did have capacity. Also, if I don't withdraw the money now then is it fairly easy to withdraw everything I have spent as soon as the order comes through, I have receipts for everything I have spent on his behalf.

Many thanks for any advice from someone who has been through a similar situation.

 

[nitram]

Once you have applied for COP deputyship you can apply for a free interim order to release funds for things like care.
https://www.gov.uk/emergency-court-of-protection

With documentation you should be able to reclaim anything you have spent on reasonable care costs.