Neighbour With Sd

[Nabeel1961]

Have a neighbour, from the Uk who is 88. He has had SD now for the last 5 years and his wife (20 years married )looks after him for 100% of the time.

Does anyone know of a way she can legally gain control over his bank accounts, pensions etc as he is unable to even speak, let alone write.

Cheers

[spacefruit]

Have a neighbour, from the Uk who is 88. He has had SD now for the last 5 years and his wife (20 years married )looks after him for 100% of the time.

Does anyone know of a way she can legally gain control over his bank accounts, pensions etc as he is unable to even speak, let alone write.

Cheers

So, to clarify, he is unable to write, and has been so for five years, therefore the accounts have been stagnant all this time?

If so, then the legal process need to be gone through, as the banks might be suspicious if the accounts suddenly wake up, or the signature is markedly different.

I had a similar situation with my father. Even though his dimentia was quite advanced, he was able to sign me on as additional signatory, and we removed the money slowly to another account.

For other matters, he signed over an enduring power of attorney.

I realize in this case that the gentleman cannot do anything, but might he be able to repeat his signature with a little help?

Otherwise its a long process.

(I think!)

Good luck with it, its tough for all.

[Nabeel1961]

Accounts are okay, they use their ATM card here to access the UK. However the problem will arise when he dies that she has no access to insurance policies etc.

[jimmi]

If they are legally married I would think her first step would be to contact his embassy. They should be able to tell her what rights she does, or does not have. At the very least they could point her in the right direction. Good luck.

[GuestHouse]

On the assumption that pensions and insurances are held in the UK then the wife shall need to address these issues to the UK trustees. She'll probably need a lot of help with this.

I'd advise she starts by putting together evidence of their marriage and his health condition with the aim to build an irrefutable case for her rights. An example might be a full medical assessment from a reputable hospital that has been testified at the British Embassy.

A sworn statement from friends that the wife is taking 24/7 care of the husband - testified at the British Embassy by British Citizens would carry more weight.

She might then apply to the Thai courts for legal control over her husband's affairs in Thailand.

His pensions in the UK will be his state pension + he may have a private company pension. The latter will be held in Trust and it is the Trustees who shall decide the wife's rights to her husband's pension.

She should write to the Trustees of her husband's pension explaining the situation and asking for their advice (plus a copy of the pension rules governing this issue) - To get this information released she may need the legal control over her husband's affairs - However, SD is not uncommon and the Trustees will have dealt with such cases before.

I think she'll almost certainly need the assistance of someone who can write clear English and she might be well advised to go through an English lawyer - perhaps her husband's family can help.

I'd also contact the British Embassy for their advice, again, they will have seen such cases before and may have an off the shelf solution (for example advice on what documents to get certified etc).

Insurance is a bit different. If the husband holds insurance in the UK he may not have informed his insurers that he has moved to Thailand - very likely a breach of the insurance contract. I would tread very lightly their. The general advice I give anyone who asks about insurance is 'never ask an insurance company a question that you do not know the answer to'

- at the very least read the Insurance Contract before contacting them.

If you are a friend advising the wife on this issue I would caution you to try to guide her towards income rather than lump sum.

--------

I ought to dig out my post on Wills -- It was with these very issues in mind that I have been encouraging expats in Thailand to make a will and complete expression of wishes forms.

-------

It sounds like a very sad case, credit to the wife here for her devotion - I hope she gets the help she deserves.

Edited May 1, 2009 by GuestHouse