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  1. #1
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    what access to bank accounts do you get with lasting power of attorney

    I am going round in circles with my mother's bank who say I can only have internet banking for my mothers account if I "intercept" the details they post to her( the last lot expired as my mother had no idea what it was and ended up "hiding" it and by the time I found the codes it was too late to register online). They also will not allow a debit card ( just take hers and get her pin if necessary) and the cheque books also disappear - that's if a cheque book was ever sent in the first place. My mum requested a cheque book be sent at a meeting with the bank, along with the internet banking and a card so its not that she doesn't want them to be sent, she just can't remember she has asked.And the bank don't know if they sent a cheque book or not. She also does not like me "snooping " about looking for them.Its bad enough snooping about looking for bills. The bank say it is their policy but won't give me this in writing, and all I want is some clarity as to what I do and what my mother does in case I am asked to account for withdrawals/transactions at a future date.What is normal with lasting power of attorney or am I missing something here?

  2. #2
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    Quote Originally Posted by catherine1 View Post
    The bank say it is their policy but won't give me this in writing, and all I want is some clarity as to what I do and what my mother does in case I am asked to account for withdrawals/transactions at a future date.What is normal with lasting power of attorney or am I missing something here?
    No, you're not missing anything. It's the bank that's missing ..... and missing a lot!

    If your bank doesn't even know whether a cheque book has been sent out, they don't deserve to be called a bank! And many of the 'counter staff' have little knowledge of LPAs, so always ask to speak to someone in the legal department, or the Manager even.

    Put your request(s) in writing to the bank - and ask the bank to reply in writing. Deliver your letter in person (if possible, or send it via Recorded Delivery), addressed to the Legal Department (who really should know about Lasting Power of Attorney), and get a receipt for your letter, with the name of the person who takes your letter from you!

    Or if you have a local CAB, they will advise you - and may even contact the Bank on your behalf.

  3. #3
    This is a registered lasting power of attorney for finances? In which case you are entitled to operate the account as if you were the person whose account it was (with the proviso that you use the funds responsibly, for that person etc etc)

    Unfortunately, you seem to have encountered one of the banks who have no idea how to deal with an LPA. You're going to have to try to move up the food chain. Most banks have a department dealing with people with disabilities and they are possibly going to be able to help you. However, if you simply cannot get further, you may have to close this account and open one in a bank who knows how to do this. If you decide to take this tack, open the account first.

    I'm sorry, you shouldn't have to be dealing with this several years after the legislation was brought in, and if you have the energy I would say keep after them, if only for the benefit of people who come after you. However, sometimes, you will find it is faster to cut your losses (i.e. move the account to a bank that will work with you).

    You could call the help line at the OPG as well.
    Jennifer

    Volunteer moderator and former long distance carer.

    A test of a people is how it behaves toward the old. It is easy to love children. Even tyrants and dictators make a point of being fond of children. But the affection and care for the old, the incurable, the helpless are the true gold mines of a culture.

    Abraham J. Heschel

  4. #4
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    I did contact the OPG and they suggested I go to a solicitor and get them to write, which if I can get the energy and time I may need to do. But what I really want to know before I have the hassle is what do other people get? What is normal because the person I spoke to this time didn't think it was normal to have two cards even if we transferred to another bank, and they will only issue one card per current account which my mother has ( though forever forgetting the PIN or losing it ) I don't think I should be taking it off her as it seems unfair to restrict her, though she has a lot of money in her current account so it may be necessary. I would like to move it from the current account to one that is not so easy for her to get at as she doesn't always understand taking out large amounts of cash and hiding it is not a good idea. But I can't even do this. What is normal? I'm so confused with it all and trying to sort it all means I cannot pop over to make sure mum is ok. And then she starts playing up - a vicious circle.

  5. #5
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    Hello Catherine

    I am going round in circles with my mother's bank who say I can only have internet banking for my mothers account if I "intercept" the details they post to her( the last lot expired as my mother had no idea what it was and ended up "hiding" it and by the time I found the codes it was too late to register online). They also will not allow a debit card ( just take hers and get her pin if necessary)
    From my experience of lodging Mum's POA this is the sort of nonsense that untrained branch staff come out with. You mentioned the Spanish bank. I will PM you in case I have some info which helps.

    Mary
    x

  6. #6
    I think it would be fair to say that it isn't "normal" that your mother should retain a debit card since she is no longer competent (in a legal sense). It doesn't mean it can't happen, but I think most banks would take the position that if a person had been deemed incompetent then they are unable to understand the implications of a debit card, and thus should not have access to one. What is abnormal is the bank essentially telling you to act illegally by obtaining someone elses debit card and pin, and then telling you to use it. I'm not saying such things don't happen (I was a "fudger" in this area, particularly with online banking as they refused to allow me online access on my own part) but it isn't right, legal or wise probably. And I would have been stunned to be told to do that by the bank.
    Jennifer

    Volunteer moderator and former long distance carer.

    A test of a people is how it behaves toward the old. It is easy to love children. Even tyrants and dictators make a point of being fond of children. But the affection and care for the old, the incurable, the helpless are the true gold mines of a culture.

    Abraham J. Heschel

  7. #7
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    Hi
    I really dont know why banks dont seem to understand that LPA's give the Attorney (you) the legal right to operate the donors (your mum ) accounts as if you were your mum . (Hope that makes sense) the only provision is that you use the persons money in the best interest of the person , but thats not up to the banks to oversee thats for the courts .

    This means , cheque book ,paying in book, internet banking, bank card and phone banking if you want them .
    I can understand counter staff not knowing but in my view all other staff should know

    Do take this higher up in the bank maybe the OPG (office of public guardian ) will help you.

    Could you have mums mail redirected to you? this service is not free but will mean you dont have to go hunting for important mail that mum has tucked away never to be found again.

    Let us know how you get on
    Last edited by lin1; 11-04-2011 at 05:36 PM.
    Lin

    Daughter and former carer

    If only I could have Hindsight beforehand, oh what a difference it would make .

    Odd words,mis-spelling and punctuation are most likely due to my clever phone, it seems to have its own ideas about what I am trying to say, that's my excuse and I'm sticking to it lol

  8. #8
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    If it's a Spanish bank, that could explain the problems you're having. There's one particular Spanish bank that is the cause of many problems:

    http://www.thisismoney.co.uk/savings...8&in_page_id=7

    http://conversation.which.co.uk/mone...orney-arduous/

    You are not alone, Catherine!

  9. #9
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    Some banks eg Santander limit internet access and other facilities to ANY Power of Attorney, this I consider to be legal.

    Halifax however discriminate against people who loose mental capacity.
    Note at bottom of page 7
    "The Online Banking service is not available for Court of Protection registered customers or those acting on their behalf e.g. loss of mental capacity."
    http://www.halifax.co.uk/HelpCentre/...brochureHx.pdf

    I have argued with their legal department that this is unlawful but got nowhere and lacking the time or energy to prosecute the matter have transferred accounts to a more helpful bank, bizarrely their masters Lloyds.

  10. #10
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    Hi
    This sounds very familiar!
    I also had this problem with the 'Spanish bank' after I registered the LPA.
    They refused to allow me access via the internet, sent cards, statements etc to Mum's address even though I'd told them repeatedly that everything was to come to my address, as Mum just used to bin everything that came through the letterbox.

    In the end I just had to give up and I opened an account at the bank with the big X. Absolutely no hassle with them, everything went smoothly and has done ever since.
    I have a card that reads - My name POA for Mothers name.
    All letters, statements etc come to me. I operate the account as if I was Mum. No problems at all.

    Have to say though that when I complained, the Spanish bank sent me endless letters telling me how sorry they were that they were useless, and after I closed the account I even got a cheque for 50 to prove how sorry they were!

    Sometimes you just have to vote with your feet!

    Carol

  11. #11
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    nitram
    Just to add that Halifax do allow me online banking as POA. And the LPA is registered with the COP.
    Carol

  12. #12
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    Quote Originally Posted by carolsea View Post
    Hi
    Sometimes you just have to vote with your feet!

    Carol
    It's been well reported recently that we (as a nation) are unlikely to move our current accounts. Perhaps until we do 'vote with our feet' the banks will get away with poor service.
    Sue

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  13. #13
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    Just a thought

    As you hold a PoA then how about opening a completely new account at a new bank using the "Powers" that you hold. Then! close the present bank account using the "Powers" that you hold. All the credits now going into the present bank account can be paid into the new account - using your "Powers" you are entitled to ask the credit payers to cease paying into the present account and give them details of the new account. You may encounter a problem with the present bank who may not want to close the account - even though you have the right to ask them to do so, but by then (but for the credit balance to be transferred from present bank to new bank) everything should be running smoothly. You have the choice to find out which bank will serve you well and hopefully they will. Lx

  14. #14
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    Hi Catherine.

    I have POA for my mum .When i went to the bank i brought registered POA cert with me and had no problems withdrawingmoney . I also requested a monthly statement to be sent to my address and they obliged without any extra cost. I was very lucky as my mum always dealt with the same person at the bank and he was familiar with me as i always accompanied my mum. Hope you get it sorted i know too well the pressures of dealing with everything sometimes you feel your head will burst .
    Shauna

  15. #15
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    Quote Originally Posted by carolsea View Post
    nitram
    Just to add that Halifax do allow me online banking as POA. And the LPA is registered with the COP.
    Carol
    Well they would not allow it for me even when I pointed out that Lloyds would, hence I moved to Lloyds.

    This was before Halifax aligned their online site with Lloyds so they may have amended the T&Cs they work to at that time and forgotten to amend the published version, or they may have just made a mistake in registering your POA and ticked the wrong box.

    All I ever got from their legal department when I pointed out that I considered their policy to be unlawful under the DDA was an acknowledgement of receipt of my communication.

    With Santander the most upset people seem to be ex Abbey customers. Abbey allowed access but this was withdrawn when they became Santander.

 

 

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