Lasting power of attorney

I am so sorry about the prognosis for your husband Rio24 so awful for both of you.

With regard to your question, from what I understand, if your husband died without losing mental capacity then you should have no problems accessing the money from the bank account that is in your joint names.

However, if your husband loses mental capacity, and the bank find out about this, then without a LPA being in place, the bank can freeze the bank account while your husband is still alive.

My mum opened a joint account with me so that I could access money to cover expenses when she died. While she was alive, I didn't touch the account, did't have a cheque book etc. When she died the bank allowed me to have half of the money before probate - my "share" of the joint money.

This was some years ago, and things may have changed, so it would be worthwhile checking what your bank says about it. Also, I believe that an LPA ends with the death of the person, so it would be sensible to check that, too.

I am sorry to hear your news.

Not sure that artaylar is correct. As soon as your husband dies the LPA becomes null and void.

Much better to have separate accounts with sufficient money for your immediate needs.

An LPA would be worth doing in case he loses capacity prior to dying.

But, I suggest you contact AgeUk whose financial advice is brilliant.

What a dreadful situation.

Given the sad prognosis it would surely be sensible to have Power of Attorney for both money and health so that should your DH become too unwell to make decisions you can do so without any problems.

I had PoA for DH and the bank have transferred the contents of his personal account to me, and changed our joint account to one in my name. It really does make things much simpler.

My husband and myself had power of attorney for each other .He was diagnosed with cancer , but after he died ,that ended and I had to go to court to get access to his own business bank accounts , think it's probate in England, Confirmation in Scotland .Joint bank accounts were easy as my name was on them .
To be honest it was an easy process, with a little advice from a solicitor friend .

As kittylester says, the LPA is null and void on the death of the person. Having a joint account is fine, you have to visit the bank with the death certificate (sorry) to change the account into just your name.
I did my mum’s LPA myself, no need to pay solicitor fees. Relatively simple.

Also Rio24,
Just wanted to say ,my heart goes out to you and your husband.
My story was just the same , it's devastating news, but somehow you get a strength to be brave for each other x

Thank you all for taking your time to input some answers to my questions. There are several avenues that I can follow up on! Also Thankyou for your sympathy as you say we find a strength from somewhere to enable us to get through these devastating times.

I am so sorry to hear this.

If you put everything in joint names it will be much easier. Remember that you cannot put ISAs in joint names, so it might be a good idea to transfer those into different accounts. Making all accounts joint can avoid the need to apply for probate.

I would not get POA for your husband, but would definitely get one for yourself. The forms are much simpler now and can be completed on line. It will make life so much easier for your children. Start the process now as it can take a long time. It is not something you want to be dealing with in the stressful last months.

With regard to the Health POA, you can, instead, get him to do a Statement of Wishes. InDon’t think they are legally binding but it does give hospital staff a guide. We found the hospital really accommodating, which meant that my Relative was spare intensive care.

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I am sorry to hear your news. We have talked about the ramifications of being in your position and decided we would move most of our assets in the name of the survivor which makes things easier. A bank account in joint names should be " either or survivor " but make things as simple now while you can . It would put your husband's mind at rest as well . If going for POA do it as soon as possible .