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Carers UK Forum • Financial arrangements when no capacity advice please
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Financial arrangements when no capacity advice please

Posted: Tue Apr 07, 2015 7:05 pm
by Trigpoint
As stated in previous posts, currently my husband is detained under a section three. He's allowed escorted leave daily and on Sunday went into town and drew unagreed monies from our bank account. He pinched this card when came to our home on Good Friday. He was escorted then by police back ward see previous post.
Not a huge amount but still he knew I'd be upset. When nurses challenged when I flagged up, he said all part of some game he playing. Therefore today I've been and frozen his bank account where all our essential bills are paid from. I hate doing this but have no option as goodness knows what he capable of.
I wonder what safeguards do people use when in similar situation.?? Any tips much appreciated. Ps looked into Court of protection and that would cost me 1000 to sort. When he well he's perfectly capable sorting out money. It's just this time around he's not..

Re: Financial arrangements when no capacity advice please

Posted: Tue Apr 07, 2015 9:11 pm
by jenny lucas
Hmm, why not just open your own bank account, and put most of the money from your joint bank account in there? It might be sensible to involve a solicitor, and have them record why you are doing this - ie, while your husband is sectioned and 'not responsible' for his own actions (simply because, I believe that, were you to divorce, unilaterally moving money out of a joint account might look like your were trying to deprive your husband of his legal share!).

It seems odd that he was allowed to withdraw money at all- surely that's the first thing that should be halted when someone is sectioned, as they cannot, by definition, have 'capacity' to make their own decisions, especially financial ones.

But you are safeguarding his own money for him, and your share of it for yourself, by making it inaccessible to him in your own account.

Wishing you well at such an emotionally painful and practically difficult time for you - Jenny
Have you consulted a solicitor on your own position, given your husband's current diagnosis? Just to ensure you are doing all the right and sensible things.

Re: Financial arrangements when no capacity advice please

Posted: Tue Apr 07, 2015 9:19 pm
by bowlingbun
Have you access to any money yourself now? Make sure you contact all the people who would usually be paid from this account, and explain why you can't pay right now, but stress that you will as soon as you possibly can. Will payments in be unaffected?

Re: Financial arrangements when no capacity advice please

Posted: Fri Apr 10, 2015 12:10 pm
by Jenkins
As the leave is escorted, could you discuss with the staff any restrictions they may be able to place on his financial activities when on leave?

The previous suggestions by other members also sound good.

Hope things work out for you, as this sounds really stressful!

Re: Financial arrangements when no capacity advice please

Posted: Sat Apr 11, 2015 10:19 am
by purge11
Has anyone suggested "Power of attorney" when financial decisions become difficult for him due to relapses?

This should be raised and discussed with his social worker or care coordinator. It should be included in the care plan at some point.