Q: My widowed father-in-law has had a stroke which has left him without speech. He appears to know what is going on around him but as he cannot communicate, how can my husband and I get access to his bank account so that we can pay his bills etc?
A: Firstly, you must establish whether or not your father-in-law still has mental capacity, for even if he cannot speak or write, he may be able to understand, consider and remember information. If this is the case, it may still be possible for him to create a Lasting Power of Attorney (LPA) allowing you and your to act on his behalf, as the mental capacity necessary for this is defined as the ability to communicate by any means, including blinking, squeezing a hand, or using pictures or sign language. If he is able to communicate in one of these ways, using Continuation Sheet 3 he would be able to direct someone else to sign the LPA application form on his behalf, in his presence. This sheet is for “signature by direction” and the signing must be witnessed by two people.
In order to prove your father-in-law has mental capacity, a doctor or solicitor would need to assess his understanding and confirm that he is fully aware of what he is signing and that he is not being pressured into signing. This person is called the Certificate Provider. There are two types of LPA, one for Health and Welfare and one for Property and Financial Affairs, so he would need to transmit his instruction for both if he needs you to look after all his care and finances. Both applications must then be registered with the Office of the Public Guardian before they become valid.
If it transpires that your father-in-law cannot understand or retain the information required to grant the LPAs, you will need to apply to the Court of Protection to be appointed as his Deputy.
This question has been answered by Victoria Wilson, a Partner with GHP Legal. If you would like to speak to someone about this or any other legal matter, please visit our website www.ghplegal.com and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194
