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TrevorGordon

Mental capacity and banking

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I have presented a newly registered EPA to my mother's bank simply requesting that all correspondence be sent to me henceforth.

The bank's response has been to close her bank accounts, open a new account designated for me as Attorney, and to require the destruction of existing cheque books and bank cards. Effectively they have disenfranchised my mother and removed her access to her own money.

My mother has not yet lost total mental capacity and wishes to be able to write cheques and pay bills. She will be devastated to find that she no longer has any control over her money. She is highly functioning, lives alone, cooks, washes, goes shopping etc etc.

Court of Protection booklet states that personal control over money is a private issue between Donor and Attorney.

Can the bank disenfranchise my mother in this way if it is not what we both want?

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  1. nitram's Avatar
    An EPA should only be registered when the donor has lost or is loosing capacity.

    Assuming that the bank is in England or Wales it has a duty under BBA regulations to block access to anybody who they have reason to suspect may have lost capacity, the action they took is therefore correct.

    The blocking of access does not prevent the donor and attorney maintaining some mutual control of finances.

    If you want to further discuss this matter it would be a good idea to post on
    http://forum.alzheimers.org.uk/forum...nancial-Issues