If your parent has dementia and is struggling to manage their finances, you may be wondering whether you can access their bank account to help pay bills, buy essentials or arrange their care.
This is a common concern for families, particularly when a parent’s condition has progressed and they are no longer able to deal with everyday financial responsibilities.
Being someone’s son or daughter does not automatically give you the legal right to access their bank account, even if they have dementia. However, there are several ways to help, depending on whether your parent still has the mental capacity to make financial decisions and whether they have a Power of Attorney in place.
At AFG Law, our Private Client solicitors assist families throughout England and Wales with Lasting Powers of Attorney, deputyship applications and managing the affairs of relatives who have lost mental capacity.
Can I access my parent’s bank account if they have dementia?
Whether or not you can access your parent’s bank account when they have dementia depends on their circumstances. A dementia diagnosis does not automatically mean someone lacks the mental capacity to manage their money.
Your parent may still understand their finances and be capable of making decisions, even if they need practical assistance.
Under the Mental Capacity Act 2005, capacity is assessed in relation to the particular decision being made. Someone may be able to make everyday spending decisions but struggle with more complicated financial matters. If your parent still has capacity, they may be able to authorise you to help manage their bank account.
If they have lost the capacity to make the relevant decisions, you will generally need formal legal authority before accessing their money.
Our article, My Parent Has Dementia: What Should We Do?, explains some of the wider legal considerations families may face.
How can I help my parent manage their money if they still have capacity?
If your parent understands their financial arrangements and wants assistance, there may be several practical options.
Third-party mandate
A third-party mandate allows an account holder to authorise another person to carry out certain banking activities on their behalf. Depending on the bank’s arrangements, this might include making payments, withdrawing money or managing standing orders. The account holder remains responsible for their finances and decides who should have access.
However, a third-party mandate is only suitable while your parent has the mental capacity to manage the account. It does not provide continuing authority once they lose that capacity.
Help with everyday banking
Some banks offer additional support for customers who find everyday banking difficult. For example, your parent might benefit from a chip and signature card, which allows them to authorise card payments using a signature rather than remembering a PIN. Other options may include a carer’s card, assistance with telephone banking or arranging regular payments.
Your parent’s bank or building society can explain which services are available.
Can I use my parent’s debit card or online banking?
You should not assume that your parent’s permission to help means you can use their personal debit card, PIN or online banking login. Sharing these details may breach the bank’s security conditions and can create difficulties if transactions are later questioned. Instead, you ask the bank about arrangements that formally authorise you to assist.
What if my parent has a Lasting Power of Attorney?
If your parent has made a Lasting Power of Attorney (LPA) for property and financial affairs, their appointed attorney may be able to manage their bank accounts. A Property and Financial Affairs LPA can authorise attorneys to:
- Access and manage bank accounts
- Pay household bills and care fees
- Deal with savings and investments
- Manage pensions and other income
- Make financial decisions and manage property
The LPA must be registered with the Office of the Public Guardian before it can be used. The attorney will also need to provide the bank with evidence of their authority and comply with any restrictions contained in the document.
A registered financial LPA may be used while the account holder still has capacity if they have authorised this, or when they lack capacity to make the relevant decisions.
Our Lasting Power of Attorney solicitors can advise on existing arrangements and help families prepare LPAs where the person still has the necessary capacity.
You can also read our Power of Attorney FAQs.
What if my parent has dementia but no Power of Attorney?
If your parent has already lost the mental capacity required to make an LPA, you cannot simply create one for them. In these circumstances, family members may need to apply to the Court of Protection for authority to manage their financial affairs.
The court can appoint a deputy, who is authorised to make certain decisions on behalf of someone who lacks capacity. A property and financial affairs deputy may be able to access bank accounts, pay bills, manage savings and deal with other financial responsibilities, subject to the court order.
Unlike an LPA, where your parent chooses their attorney, a deputy is appointed by the court.
AFG Law assists families with Court of Protection and deputyship applications. Our guide to how to apply for deputyship explains the process in more detail.
Can I access a joint bank account if my parent has dementia?
A joint account can create additional complications. Where two people hold an account jointly, each account holder may ordinarily have authority to operate it, depending on the account terms.
However, if one account holder loses mental capacity, the bank may restrict transactions until appropriate legal authority is established. This can sometimes affect spouses or relatives who have used the same account for years.
If you share an account with a parent who has dementia, contact the bank to explain the circumstances and establish what arrangements are required. You should not assume that joint ownership automatically gives you unrestricted authority to manage all the money in the account.
What if bills or care fees need paying urgently?
One of the biggest concerns for families is how to pay essential expenses while legal arrangements are being established. Your parent may have household bills, direct debits, care fees or other financial commitments that cannot simply be ignored.
If your parent already has a registered Property and Financial Affairs Lasting Power of Attorney, their appointed attorney may be able to use it to access their bank account, pay outstanding bills and arrange ongoing payments. The bank will usually need to see evidence of the LPA before allowing the attorney to manage the account.
If your parent still has the mental capacity to make an LPA, arranging one may be the best way to ensure someone they trust can manage their finances. However, registration can take a long time, so it is important to act before financial difficulties arise.
Where your parent has already lost the capacity to make an LPA and no suitable legal authority exists, you may need to apply to the Court of Protection to be appointed as a property and financial affairs deputy. Once appointed, a deputy can manage finances and pay essential expenses within the authority granted by the court.
If bills or care fees need paying immediately, it may also be possible to apply to the Court of Protection for an urgent or interim order. This can provide authority to deal with a specific financial matter while a full deputyship application is being considered. However, urgent applications are not automatically granted, and the court will need evidence explaining why the decision cannot wait.
In the meantime, you may wish to speak to your parent’s bank about the situation and ask whether any limited arrangements are available.
Where your parent receives benefits, a Department for Work and Pensions appointeeship may allow an authorised person to manage those benefits. However, it does not give general access to savings or other bank accounts.
If your parent requires care, the local authority may also be able to explain available funding arrangements and how essential care can be maintained while financial matters are resolved.
AFG Law’s Lasting Power of Attorney solicitors and Court of Protection team can advise on the most appropriate option, including whether an urgent court application may be necessary.
Can I apply for deputyship myself?
It is possible to apply to the Court of Protection without a solicitor. However, applications require detailed information about the person’s circumstances, evidence of their mental capacity and an explanation of why the proposed authority is necessary. There are also ongoing responsibilities once someone is appointed as a deputy.
These may include keeping financial records, submitting reports to the Office of the Public Guardian and ensuring decisions are made in the person’s best interests.
AFG Law’s article, What Is the Role of the Court of Protection?, explains the court’s powers and the responsibilities of deputies.
How AFG Law can help you access a parent’s finances legally
Discovering that you cannot access your parent’s money when they need help can be stressful, particularly if bills are unpaid or care arrangements need to be made.
However, there are legal processes designed to ensure that someone can manage their finances while protecting their interests.
AFG Law’s Private Client team helps families understand their options, including whether an existing Power of Attorney can be used or whether a Court of Protection application is necessary.
We can assist with preparing Lasting Powers of Attorney, applying for deputyship and advising on the responsibilities involved in managing someone else’s financial affairs.
If your parent has dementia and you need advice about accessing their bank account or managing their finances, contact AFG Law on 01204 377600 or email privateclients@afglaw.co.uk.
You can also complete our online enquiry form to discuss your circumstances.