Care cash trapped in UK

Incorrect power of attorney sees funds withheld

CASH needed to pay for a pensioner’s care on the Costa Blanca is trapped in the UK because his wife does not have the correct Power of Attorney to release the savings.

The ‘six figure sum’ was invested in bonds five years ago on the advice of a financial advisor - now an expensive court battle is raging in a bid to gain control of the money to help the retired businessman, who suffers from dementia.

Edna - her name has been changed to protect their identities - warned people to ensure they have the correct paperwork to cover international assets.

The couple live in the Marina Alta, and she said that because she was unable to take care of her husband at home, he went to live in a nursing home nine months ago.

She told Costa Blanca News of the ‘anguish and heartache’ of having to go to court to fight to free up her husband’s investment to pay for his care.

Edna, 80, said the money was invested five years ago after the sale of a property and, acting on advice, they took out a Spanish power of attorney (POA) to manage each other’s affairs if needed - but did not realise this would not cover the UK funds.

“Everything seemed OK, but it was not explained to us that if we had funds abroad that we would need an international POA; it was never mentioned,” she said.

Dementia

“Over the next couple of years my husband became ill with dementia and in the fullness of time had to go into care, and it became obvious that his funds would be needed.

“I went to see the financial advisor and our lawyer; they said because it was not an international POA we would not be able to get the money without going to court.”

Edna said her husband could no longer sign documents and the case is now before a judge in Dénia.

“This has led to a number of difficulties because the court has requested his family give evidence from the UK.”

Legal fees have already topped €2,500 after proceedings started in June.

“It has cost me more in anguish and heartache and, of course, my husband is completely oblivious to it all - it’s all worry,” she added.

“I think as next of kin it should be handed over to me (to pay for his care)... under English law it would be.”

Edna advised expats to ensure their legal documentation is in order to prevent a similar problem arising.

“It is really important; people really should be told about things like this.”