Dad’s bank account

[stunner1901]

Morning all

This is quite a complex one and I am not sure if in the right thread so apologies if not

I have been taking care of mum and dads finances for 18 months now. Dad had a Halifax bank account which both parents money gets paid into. No POA just been acting for him

Dad was basically dying and mum had a massive stroke so is unable to sort anything for herself

Dad passed away on Sunday morning so in theory mum now has no access to money

I have notified DWP to get mums money paid into mine moving forward but my question is “can I continue to withdraw money from dads until the bank freeze the account”

The money in question is only less than £300 but I need to provide/pay bills for mum still.

i am an only child and there is no estate to be distributed only the bank balance

I am just worried about mum in the short term but saw somewhere it could be theft????

many thanks in advance

[Amethyst]

I'm sorry for your loss, and the situations you are having to deal with, it must be an incredibly difficult time for you.

Was your Dad's account in his sole name? If so, then no you cannot withdraw monies from the account - have you informed the bank as yet of your Dad's passing?

You should try and get PoA sorted for your Mum.

Peridot might know any leaway on accessing those funds.

[stunner1901]

Hi Amethyst

Yes it was in sole name but mums pensions got paid into it

Without access I cannot pay any bills or get food etc for mum so that’s my concern

In all honesty we cannot afford to set up POA which is why we never did it previously

I haven’t notified bank yet as we haven’t yet got death certificate due to post mortem being needed

[Peridot]

Hi,

What a stressful sad situation for you all.

So is the bank account in your father's sole name or joint names? If it is joint names then your mother can still access the funds. If it is a sole account then until the bank have seen the death certificate and if needed the Grant of Probate, the account should be frozen.

Depending on the amount in the account this will dictate whether a Grant is needed by the bank, to release the funds. Many banks have an amount eg £10,000 below which they will release the money on production of a death certificate and the signature on an indemnity form of the person the funds are paid to (usually the person named who registered the death).

How is your mother? Has the stroke left her significantly incapacitated? Does she still have mental capacity to make the decisions needed, albeit with help physically?

I'm afraid the fact you have been helping them out dealing with the finances for the last 18 months makes no difference legally.

Technically you should not be able to deal with anything on behalf of your mother without a power of attorney in place, for which your mother (as the Donor) would have to have sufficient mental capacity to instruct this to be done. If she no longer has capacity then a Court of Protection application should be made to appoint you as a deputy to deal with her affairs.

You could contact the bill providers and let them know the situation. Utilities are generally sympathetic and will allow some wiggle room until this is sorted. Are you able to cover any of the bills yourself until the estate is dealt with? Your father's estate needs dealing with to enable funds to be moved to your mother (or following the wishes in his Will, if he had one).

Probably not the answer you hoped for but if we can give you any more pointers do post again.

[stunner1901]

Hi Peridot

Account solely in dads name
Dad lived from day to day unfortunately so only couple of hundred pounds in account with a 350 overdraft
Mum can understand with help but not able to do or go anywhere on her own physically
Bills can wait is my attitude but worried about food etc.
I am unable to help financially as I have been caring for them plus my wife for past 12months or so

Nightmare situation

[stunner1901]

Peridot

Hi
I have just looked on the Halifax website and they allow you to fill a form in online notifying them until you are ready to talk which I have done.

it also gives you the option to freeze account or leave open so I have selected leave open. They state it is so payments/direct debits etc., can still be paid so I will see what they come back with

regards

[Peridot]

Hi again Stunner1901,

Good that's sorted at least.

Most of the banks etc are quite understanding when these situations arise. If your mum has sufficient understanding then it would be an idea to set up a lasting power of attorney. I appreciate it is more money but it will protect you dealing with matters provided everything is done in her best interests. They can be set up on line but you will need someone to verify that she has sufficient mental capacity to authorise this. Here is the link which may be worth looking at:-https://www.gov.uk/power-of-attorney

You will need to contact the DWP to sort out any entitlements your mother may have Kati may be able to tag someone more appropriate to help on this aspect. I'm afraid this isn't my area but hopefully there will be someone along shortly to point you in the right direction.

Has the death been registered yet? Once it has been registered then if there is only £300 in the Halifax they will probably close the account and release the monies to the person registering the death with them (I assume it will be you)? Other assets will also need dealing with and depending on what they are it may be necessary to apply for a Grant to do so. Generally smaller amounts in bank accounts won't require a Grant but sums over £10,000 may do as will a property if it needs transferring.

Nothing can be done until you have the death certificate. The registry office is very helpful and they give you a pack which includes a list of contacts. In the meantime this may assist:- https://www.citizensadvice.org.uk/fa...-who-has-died/

If we can help further do post again.