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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10585
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My husband who has Alzheimer's and is now in a home and s

Resolved Question:

My husband who has Alzheimer's and is now in a home and his financial affairs are in the process of being taken over by Durham County Council Legal department . He wants to draw some money from his account _ can he do this? I am his wife.
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.

Hi,

I take it that you do not have a Power of Attorney for your husband?

Kind Regards

Al

Customer: replied 1 year ago.
No
Expert:  Aston Lawyer replied 1 year ago.

Thanks for your reply.

I am afraid that if your husband does not have mental capacity, the only way his bank account can be operated is if you apply to become his Deputy (which is the same thing as an Attorney but is the phrase used where a party themselves have not nominated someone to look after their financial affairs).

You can apply yourself via the Court of Protection. Here is the link-

https://www.gov.uk/courts-tribunals/court-of-protection

or you can ask a local Wills Solicitor to make the application for you. It is a long winded process, but it may be worth while long term.

On a side issue, as your husband's capital will now be monitored, it is not permissible for him/you as Deputy to withdraw money and for example gift it to third parties.

I hope this assists and sets out the legal position.

Kind Regards

Al

Customer: replied 1 year ago.
Thank you for your kind attention so sorry that it hasn't helped me.
Expert:  Aston Lawyer replied 1 year ago.

I am sorry I couldn't give you a more favourable solution.

If I have answered your question, I would be grateful if you could rate my answer.

All the best.

Al

Expert:  Aston Lawyer replied 1 year ago.

Please don't forget to rate my answer, so I may get credited for my time.

Many thanks

Al

Expert:  Aston Lawyer replied 1 year ago.

Please don't forget to rate my answer. Thanks Al

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