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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10623
Experience:  Barrister 17 years experience
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My aunt is 93 and recently had a stroke and is now unable to

Resolved Question:

My aunt is 93 and recently had a stroke and is now unable to sign her name. No power of attorney has been put in place. She is now in a care home and no one can access her account to pay the council. What should we do?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.

1. Dear Debby, essentially, what you need to do is to make an application to the Court of Protection to have a Deputy appointed to manage your aunt's affairs generally and her financial affairs, in particular. Once a Deputy is appointed, they will have power to access your aunt's bank account and to discharge any monies owing to the Council, or to anyone else.

Expert:  Buachaill replied 1 year ago.

2. A Deputy is essentially someone appointed to make decisions on the part of someone else. A Deputy as to financial affairs is specifically given power to handle the financial affairs of the person who is subject to the Deputyship order. Here is a link to the UK Government website which sets out the process of applying to become a Deputy. https://www.gov.uk/courts-tribunals/court-of-protection

Expert:  Buachaill replied 1 year ago.

3. Someone within your extended family will have to agree to act as Deputy in relation to your aunt. I would suggest someone who is good with money and who would also be able to make decisions in relation to her care. A Deputy can deal with issues such as consent to treatment and where your aunt should receive this care.

Expert:  Buachaill replied 1 year ago.

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