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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31768
Experience:  Over 5 years in practice
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I have a joint building society account with my mother, who

Customer Question

I have a joint building society account with my mother, who has dementia and lives in a nursing home. We have been advised that she lacks the capacity to appoint someone to have a lasting power of attorney, so someone will have to be appointed as a deputy by the court of protection. As I am not always in the UK, I believe that this will be my brother who I am not on speaking terms with. My question is what happens to this joint account if he has control over her finances? I don't mind if it's frozen as I don't need to take money out for the foreseeable future, but given the opportunity, I believe my brother is likely to try and pay all her bills from my joint account to spite me. Is this a possibility?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

How did this joint account come about and what was it used for?

Customer: replied 1 year ago.
This was first set up about 10 years ago when my mum lived with me. The money was initially from an inheritance from her brother, and we both paid money in. It was used for household expenses, and so I could take money out on her behalf as she already had limited mobility due to arthritis long before she developed dementia.
Expert:  Clare replied 1 year ago.

How much is in there - and does your mother need it to survive financially?

Customer: replied 1 year ago.
There's about £8500 in there, and hasn't been touched for the past 3 years. She has a current account that her pension is paid into, and her bills are paid out from. I have no idea how much is in that account as my brother has all the statements.