Hi There ..I. Susan looking for some advice pleas

Boynton

New member
Jun 21, 2024
2
0
Hi There
I wandered if anyone can help. I have POA for health and finances for my Aunt. She has Alzeimers Vascular Dementia. She now is contesting the POA. I think this is because her bank will let her make cash withdrawals due to some fraudulent behaviour whereby she lost nearly ten thousand pounds a few tears ago. I am an account holder with her finances. Id really like my Aunt to still have her own bank card and cheque book but with her diagnosis they have refused. My Aunt now believes that I am restricting her finances. All her bills are direct debit and she usually pays for everything else with cash. I make sure that she has a regular amount of cash on her to pay for everything. Maybe I should try and change banks but this would really upset her and potentially confuse her as she has been with the same bank for 30 years . Can she revoke the POA even with her diagnosis?
 

Louise7

Volunteer Host
Mar 25, 2016
4,992
0
Hello Susan @Boynton and welcome. It's not uncommon for money to become a cause of problems, and it seems like a difficult situation for you, but if your Aunt is not able to manage her finances herself then both you and the bank are doing the right thing by restricting her access to money, especially when there is a history of fraudulent behaviour. When you say that your aunt is 'contesting' the POA do you mean that she has already submitted a form to revoke it? A diagnosis of dementia doesn't necessarily mean that someone is no longer able to revoke their POA, providing that they have the mental capacity to make and understand that decision, but it does sound as if your Aunt is at risk from fraud and if the bank has also made the decision to limit her funds then it doesn't sound as if she is capable of managing her finances herself. As Attorney you are required to act in your Aunt's best interests so I'm not sure how changing banks would help the situation? If your Aunt has already been in contact with the OPG to revoke her LPA then as attorney you should make them aware of the situation in order to protect her finances.

Could you perhaps discuss with the bank about allowing your Aunt to withdraw just a small amount of cash regularly, for example by setting a weekly limit? This might make her feel more in control. Other members will hopefully be along with more suggestions for you, but you may want to take a look at this thread about the Sibstar debit card to see if it might be useful, but I don't have personal experience of this card so don't know whether it would help or not in your particular situation, especially as you say that your Aunt usually pays for everything by cash:

 

Boynton

New member
Jun 21, 2024
2
0
Thankyou that's really helpful. I have already applied for the Sibstar card as the bank have refused my Aunt her own card with limited funds on it.. She hasn't actually tried to revoke the POA but I believe that she is seeking legal advice.
Thanks again it is good to talk
 

northumbrian_k

Volunteer Host
Mar 2, 2017
4,758
0
Newcastle
Hi @Boynton and welcome to the Forum. Revoking a Lasting Power of Attorney is relatively straightforward. A document following a set format needs to be submitted to the Office of the Public Guardian. It needs to be signed by the Donor but this is only possible if they have capacity. My guess is that your Aunt could not draw up the document herself. If she takes legal advice any Solicitor would not take instructions if they weren't sure that she has capacity. I think that the likelihood of revocation proceeding is minimal, which 'just' leaves you dealing with your Aunt's fears, accusations and so on. That's not easy but by joining us you may find ways of coping.