How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Aston Lawyer Your Own Question
Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10458
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
16368554
Type Your Law Question Here...
Aston Lawyer is online now

Background -I have Court of Protection rights over all of my

Resolved Question:

Background -I have Court of Protection rights over all of my fathers financial affairs. I have had COP over his finances for about 14 years or so. He has Dementia. He is in a nursing home which is paid for by the state. Expenses such as toiletries, hair cuts and clothing are paid for from his State pension as and when required. The home usually sends me an invoice for these expenses, I then pay them from the money in the account I opened for him for his state pension to be paid into by the DWP. His state pension is the only money paid into this account. I have full access to withdraw money as and when needed as the account is in both of our names.
Question - In the sad event of his death, I have absolutely no idea what I would need to do about the money in his account which has accumulated to a considerable amount?
Can I use it for funeral costs and other expenses?
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.
Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
Could you please clarify if the account is indeed a joint account, or is the account in your Father's name with you being named on it as Attorney?
I take it that there is over £5,000 in the account?
I look forward to hearing from you.
Al
Customer: replied 2 years ago.

Hello Al,

The account Name is ***** ***** follows:

My name receiver for My fathers name.

Yes there is more than £5000 in the account. It is not the same as power of Attorney.

Expert:  Aston Lawyer replied 2 years ago.
Hi Angela,
Thanks for your reply.
As the legal account holder is your Father, Probate will need to be obtained, as and when anything happens to him.
(Probate is obtained by the Executor named in your Father's Will. If he does not have a Will, it is up to one of his next of kin to apply to the Probate Registry for Letters of Administration).
Upon notifying the Bank/B Society of your Father's death, they will freeze the account, and your authority as Receiver is no longer valid.
They will then only close the account and issue a cheque to the Executor, once Probate/Letters of Administration has been received.(All Banks/B Societies will ask for Probate where any balance on an account is over £5-10,000).
I hope this assists and answers your question.
Kind Regards
Al
Aston Lawyer and 3 other Law Specialists are ready to help you

Related Law Questions