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Buachaill, Barrister
Category: Law
Satisfied Customers: 10527
Experience:  Barrister 17 years experience
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Can a person who has severe dementia sign a direct debit

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Hi Can a person who has severe dementia sign a direct debit for care home fees. Nobody holds power of attorney or has been appointed a deputy by the court of protection.
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. I regret to say that someone with dementia cannot lawfully sign a direct debit mandate for care home fees, as they lack the necessary legal capacity to enter into a contract. The problem with having them sign a direct debit mandate is that it may be set aside by the executor or administrator of their estate if they so wish. Additionally, a bank will not honour a direct debit mandate should they find out that the person has dementia, as the bank is also exposed to a liability in dissipating the funds of someone with dementia as they have not got the necessary legal capacity to deal with their funds. So I regret to say that this is not the method of dealing with this situation. Additionally, as you are probably aware, once a person has dementia they no longer have the legal capacity to make a power of attorney. So the appointment of a Deputy to deal with their financial affairs is appropriate.
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