Interesting as so far I have had no problems with activation of finance POA.
Dealing with Scottish situation which is fundamentally the same. Bank (Clydesdale) just insisted on typical multiple confirmation of my identity and certified copy of the POA. Then very helpful through call centre got full access to phone and internet banking. Has been in honesty incredibly easy to manage and operate. Even allowed me to sign a cheque from MIL printed chequebook without any problem.
Accesed and used bank to pay traders etc without issue for last 3 years.
Might be useful to realise that using automated phone and internet banking avoids the biggest problem.....staff in banks who don't understand POA.
Have just had to transfer all finance dealings contact address from MIL to me. Without exception has been a very simple though long winded process. Yes some have asked for certified POA but all have been very helpful.
As for Welfare POA...have only just started to have to use as a result of incapacity. Will wait and see if there are issues. My only problems were in getting the incapacity confirmed as,a result of Welfare POA document clause stipulating Dr with mental health expertise doing the assessment. In remote Scottish highlands they are not always available....But that's another story.
You really shouldn't need a book. You need to just complain if the organisation fails to deal with you, if you have the correct documentation in place and you can prove who you are.
I hold both types of LPA in respect of my mother who is in the early stages of Vascular Dementia. My mother is becoming more confused as time passes but with my help and support financial matters can be got through. I live with mum and care for her without outside help at this time. I guess mum is in the relatively early stages of her dementia path. I have two questions.
A) I want to hold off using the LPAs for as long as possible. My mum does not recognise herself as having any problems and advice I have received is allow her the belief she is in charge of her affairs for as long as possible to aid her well being. Dementia and capacity are not straightforwardbed fellows. Is it ultimately me who has to decide when the LPAs are actioned? They are registered and have no conditions on them, mum effectively trusting me to use them when should a time come it is required. I am in no rush to do so in fact part of me dreads that day coming. I fully understand my duties once I take direct charge of financial matters. I will always act in her best interests having gone into part time work to care for her more adequately. I just want to get matters right. Uncertainty seems my new companion in life in the caring role. Please can you guide me here?
B) Do both LPAs have to be acted on at the same time. I think the financial one might be needed before the health one as I will be doing all of the caring until we reach the point I will have to seek out some external help.
You are right that none of this is straightforward but the fact that you recognise this is half the battle!
It’s great that you are giving your mum support with financial matters and the way most financial LPAs are set up is designed to achieve just that i.e. they can be used even before the person loses capacity to manage their financial affairs (unless the document says not which doesn’t seem to be the case with you).That would be with the person’s consent so they should still be involved but they might just need some extra support which is what you can give.
Even if the person lacks capacity to make a particular financial decision you should still try and involve them as much as you can in terms of asking them about their wishes and preferences and thinking about decisions they have made in the past.
It’s really down to you to judge how much your mum can or can’t decide though in some cases you might want to get advice from a professional. It’s worth remembering that your mum might be able to make one decision (such as to pay a bill) and not another (such as to decide between possible investments) and her decision making abilities might vary from day to day or at different times of day.
A health and welfare power can
only be used when your mum loses the ability to make the relevant decisions herself but again it’s up to you to decide (subject to professional advice if you feel you need it)
It seems that you have registered both powers with the OPG. It’s a judgement for you and your mum but you could think about making her bank /s aware of the financial LPA even if you aren’t going to make any decisions quite yet on your own. Banks are (or should be) aware that an LPA can be used whilst someone has capacity to manage their affairs and shouldn’t stop your mum having direct access just because you are recorded as LPA for support purposes. It can sometimes take a while to get an LPA set up on account so it’s worth thinking about a bit ahead. Your mum may find it easier to accept if it is done to offer her additional support rather than as you “taking over”.
I hope this helps. You might find our factsheets on LPAs and on the Mental Capacity Act useful:-
https://www.alzheimers.org.uk/sites...loads/factsheet_lasting_power_of_attorney.pdf
https://www.alzheimers.org.uk/sites...nloads/factsheet_mental_capacity_act_2005.pdf
There is also some useful guidance on the OPG website here:-
https://www.gov.uk/lasting-power-attorney-duties