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Elderly Parents and POA Question


MarthaLuna
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Good evening everyone. I seek some advice regarding the current situation with my parents. Any advice gratefully appreciated.

 

One week ago today my Dad who is a couple of  months away from reaching his 100th Birthday had a fall and ended up in Hospital. Prior to this he had already been diagnosed with onset dementia which you could see was slowly taking over. More days were full of confusion than those without. To date he is still in hospital and it looks very unlikely that he will be allowed to return home. Yes he is still in his own home with my Mum who is housebound. As far as he was concerned it was his responsibility to look after her and would not allow any assistance from carers.

 

Wheels are now in motion to locate him a care home nearby as he requires 24hr care. We are going to have Mum move in with us and have a care package set up for her whilst we are at work. At the beginning of this year Mum set up a POA with me as her Attorney regarding her property and finances. Their Wills leave everything to me and my wife. They have a savings account in Joint names with the Nationwide Building Society and Mum has told me to get the money in that account transferred to my account as I will be taking over their bills, finances etc.

 

Having a POA in place for Mum, with Dad now not being mentally aware of where he is let alone anything else am I able to approach the Building Society regarding transferring their account to my own account as Mum wishes or am I likely to encounter problems etc.? The POA has been recorded with the Office of the Public Guardian, and was drawn and kept by a Solicitor.

 

Any advice most welcome. TIA.

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Others will add more authorative responses.

 

My experience with a relative in this position, was that the finances had to remain separate.  We went to the relatives Bank and registered the POA with them. They then provided access to the account and the financial needs of the relative were met using the account. 

 

In this situation, I would suggest contacting Age UK and see if if they could arrange for you to speak to someone about all of the issues.  They deal with this on a daily basis.

 

https://www.ageuk.org.uk/

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Do you have POA for your father as well? Or only your mother? If only your mother then I can see the problem that is going to arise with their joint savings account is that you only have POA for one of the account holders.

 

I'm afraid I don't know the answer and agree with unclebulgaria that specialist advice from someone like Age UK is needed. Alternatively the solicitor who drew up your mother's POA.

 

Does your father still have mental capacity? If not an application to the Court of Protection might be recommended.

 

My experience with POAs for my parents is that who they left their Estate to in their Wills is irrelevant to their finances while they are still alive.

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Hi

 

As someone who's own Father had a similar scenario and I had PoA was admitted to hospital, then sectioned, then moved to care home for assessment, outcome needs 24/7 care, moved to care home, july 2021 confirmed diagnoses of Vascular Dementia.

 

When it comes to Finances as PoA my best advice no matter what your Mother says is DO NOT Transfer any Money from her Account to your own as this could be seen as you either trying to hide/steal money especially if you need to apply for funding for there care.

 

You also need to be aware that when it comes to the financial side you need to keep a record of absolutely every penny with receipts/invoices etc. and this will be asked for on a Financial check by the Public Guardians Office.

 

As stated by others you need to go to your Mothers bank with your Original PoA Document (so they can copy the original which goes to the banks Legal Team to check) if no issues you are then registered on your Mothers Bank Account and can get a Credit Card for that Account/Online Banking etc.

 

You need to basically keep a record of every single penny the goes out of your Mothers Bank Account.

 

Never as PoA transfer Money from there Bank Account to your own Bank Account.

 

You need to have a good read of what you need to do as PoA:

 

WWW.GOV.UK

The Office of the Public Guardian (OPG) helps people in England and Wales to stay in control of decisions about their health and finance and make...

 

As for your Father as stated by other do you have Power of Attorney (PoA) for your Father?

 

If you Do Not have PoA then you may need to consider applying for Deputyship so you can deal with there affairs. (have a wee look at this link)

 

WWW.GOV.UK

How to become and act as a Court of Protection deputy - eligibility, responsibilities, how to apply, fees, supervision and when your deputyship...

 

 

 

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I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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