A legal question…

[ButterflySundae]

I just wondered if anyone has had any experience of accessing bank accounts of loved ones once they have lost capacity?

My sister has some money in a bank account that I don’t have her cards for. She doesn’t have the capacity anymore to agree for me to access them anyway and I am trying to work out if I will need to apply for Deputyship in order to get the money for her or if there is any other way around it?

Many Thanks

[Pairofboots]

I have not actually done this, but as far as I am aware you will need to prove that your sister doesn't have capacity in accordance with the the Mental Capacity Act and apply to the family court for leave to act under Power of Attorney on her behalf, or the court could instruct a legal guardian to act.

I don't know the finer points, sorry. 🍀

[headwayuk Partner Headway]

Hi, there's some information about this in our Mental Capacity booklet, which you can download here: headway.org.uk/media/4108/m...

Our helpline will be able to advise too, if you contact them on 0808 800 2244 or [e-mail]

[cat3]

Hi Butterfly. I found my online bank account had been scammed immediately before I collapsed with a brain haemorrhage and was hospitalised for 3 months. Meanwhile the scammers still had access to my account but there was no one with the authority to intervene and close the account.

My bank wouldn't allow my daughter to close the account without the legal red tape but in desperation she obtained written affirmation of my incapacity from the neuro consultant at Salford Royal which persuaded the bank manager to concede and freeze the account.

As soon as I was sufficiently compass mentis 6 weeks later and allowed a day's home leave, I reopened my account and spent the whole day reinstating direct debit payments to catch up with and cover arrears on unpaid utility bills. Nightmare.

We decided it was a good idea for my family & I to have joint power of attorney from then on !

You can get help on this issue from Citizen's Advice. Good luck.

Cat x

[Skallagrigg]

I applied for lasting power of attorney in November the wait for it is 20 weeks !!!!!

[Silkwood20]

Hi, I am currently doing this, it is taking a long time, just getting the initial forms signed wasn't easy, emails to consultant were ignored, but G.P. is being more helpful and may be able to sign. Very Best wishes to you and your sister.

[Ecojackie]

Hi,

You'll need a Power of Attorney document that she's signed. You can find a template fairly easily online.

[froginthepond]

I am sorry to say unless a Power of Attorney had already been set up before the loss of mental capacity then you do have to apply to the Court of Protection for a Deputyship.

I have been my husband's Deputy since 2012 and I don't enjoy it! In the 2nd year I employed a bookkeeper because my maths isn't that good and I found completing the Deputy's annual report (which is really accounts) too much for me on top of all the emotional strain). I am sorry, its just yet another thing we have to do. But it will be better when you have set it up. I will say though that even banks and certainly utilities have no idea what a Deputyship is, and it often causes additonal stress trying to explain it. Good luck. Hang on to your lovely hopeful name and be that Butterfly! Vicki