Any Lawyers in the house? Legal advice needed.

Discussion in 'General Chat' started by BigStu1972, Jun 12, 2018.

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  1. BigStu1972

    BigStu1972
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    If someone is medically (mentally) incapacitated, how does the next of kin go about taking over their finances, ie getting access to their bank accounts etc?

    I was advised about getting a court order but this will cost upwards of £1000 and quite frankly I do not have this sort of money available just to be able to manager the finances of a family relative


    Apologies if I’m being a bit woolly with the details, I can provide more explicit details via private message.
     
  2. Doug the D

    Doug the D
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  3. John7

    John7
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  4. BigStu1972

    BigStu1972
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    Yes, that is correct, he already has diminished mental capacity
     
  5. BigStu1972

    BigStu1972
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    so there's a £400 application fee and i'll also have to pay an additional £500 if the court decided my case needs a hearing.
    On top of that there is an annual supervision fee of £320.
    So that £1,220 in fees.

    Can these fees be deducted from the estate I am seeking to control?
     
  6. John7

    John7
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    Some can - in the link I posted, scroll down to the "fees" section, more detail is given there.
     
  7. BigStu1972

    BigStu1972
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    Still seems like a lot of money imo.
     
  8. John7

    John7
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    Indeed, POA is the way to go, get it done before the person loses their abilities. I got POA for my Mother when she started to have severe memory problems so I can manage her finances and health care when the time comes. Being a Deputy is very much a ball-ache because of the hoops you have to jump through and the ongoing level of management involved (you have to keep audited records for the financials) and reviews.
     
  9. BigStu1972

    BigStu1972
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    I have a POA on my others bank account, although she does still have all her faculties, its just a precautionary measure. However my brother received serious head injuries in feb and is, by all intents and purposes, in a permanent vegetative state. He was living in sheltered accommodation as he has Asperger's but he's now been evicted from his flat. His processions were given to my mother but he has bank accounts that no doubt have monthly bills coming out and god knows what else that haven't been looked at since Feb
    I honestly don't have £1000 spare just to be able to manage his accounts. It just all seems unfair
     
  10. Doug the D

    Doug the D
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    It's absolutely unfair and a terrible situation for all involved. Please have a chat with the CAB, they are very helpful.
     
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  11. simonblue

    simonblue
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    Is he still in Hospital ?,if so ask them if he has a care plan for his future,and tell them about your money worry they might be able to help

    Sorry to hear about your brother :(
     
  12. DrPhil

    DrPhil
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    Damn, sorry to hear it.

    We were fortunate in that dad was mentally capable enough after his stroke for us to organise POA.

    I think the advice has already been covered but I just wanted to say good luck and I hope you can find a solution.

    :(
     
  13. RichR1973

    RichR1973
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    Hi. Sorry to hear about your brother. I’m going through the same deputy process with my father in law. Yes it’s expensive. I’ve only just applied so we can get property and financial affairs (£400 + £100 assessment fee)but it sounds like you will also need health and welfare (£400). I believe you won’t have to pay for a court hearing unless they demand it but in the case of your brothers condition it may not be necessary unless there are complications or family disputes over the chosen deputy. So it looks like you will be in for £900 initially and then £320 a year for supervision fees. I understand we can claim all these monies back out of their assets / savings once we get deputyship. If you are on a low income (below £12k) you can get help with these fees but might be worth a call to the court of Protection who were quite helpful. Good luck.
     
  14. BigStu1972

    BigStu1972
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    Did you get legal advice on this or have you just filled in the online forms and sent them in yourself?

    The form asks for the address of the person to whom this relates, but in my case my Brother has recently lost his sheltered accommodation and is therefore homeless . I'm not sure what address to put in here.
     
  15. RichR1973

    RichR1973
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    Sorry Stu. Just seen your post. I just followed the forms and read a bit from the internet. I expect you have this sorted now but if not perhaps call the court to ask. I expect it’s just for correspondence so in your case it might be wise to use your address. Good luck
     

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