I have a friend who's mother now has early dementia. She signed an EPA to enable someone her mother considered a friend to look after her affairs, however now she says although she remembers being told to sign some papers she was not aware of what they were. She has expressed some concerns about her not insignificant savings being misused and wants copies of her bank statements sent directly to her or to a solicitor to pass to her. The holders of the EPA have made her bank statements paperless and she receives no correspondence at all. The only old bank statement she managed to find did show some worrying expenses which do not look appropriate. Can she get these statements and have them checked.
Enduring Power of Attorney Concerns
- Thread starter memoryhelp
- Start date
Thank you for your reply. The problem is the mother just wants to confirm or deny if money has been used inappropriately before upsetting anyone so just needs access to her bank statements to do so. It's a legal question really.
Hi @memoryhelp
any Attorney can only act with the permission of the donor whilst the donor has capacity
your friend's mother's friend should only follow your friend's mother's wishes in dealing with her bank accounts
so, it seems to me that unless your friend's mother has been deemed to no longer have capacity, she can access her own accounts should she wish to
does your friend have a note of the account number so your friend's mother could go into her bank, or write, and request paper statements
https://www.gov.uk/enduring-power-attorney-duties
I do agree that if your friend's mother is at all concerned, best for her to cancel the EPA and put LPAs in place
https://www.gov.uk/power-of-attorney
any Attorney can only act with the permission of the donor whilst the donor has capacity
your friend's mother's friend should only follow your friend's mother's wishes in dealing with her bank accounts
so, it seems to me that unless your friend's mother has been deemed to no longer have capacity, she can access her own accounts should she wish to
does your friend have a note of the account number so your friend's mother could go into her bank, or write, and request paper statements
https://www.gov.uk/enduring-power-attorney-duties
I do agree that if your friend's mother is at all concerned, best for her to cancel the EPA and put LPAs in place
https://www.gov.uk/power-of-attorney
If it was an Enduring Power of Attorney (EPA) and not a Lasting Power of Attorney (LPA) this does make a big difference.
An EPA could only be made during / pre 2007, so your friend's mother would have made it some time ago. An EPA can only be registered when the person who made it is losing mental capacity.
When it is registered, the person who made it, as well as close family, have to be notified and have a chance to object.
Banks will usually only accept instructions from Attorneys operating under a registered EPA but might possibly accept an unregistered one in some circumstances.
Attorneys should involve the person who made the EPA in decisions as far as possible. The mother is probably best advised to ask the Attorneys to go through the bank statements with her and also to double check whether the EPA is unregistered or not.
If there is any concern about misuse of funds, the Office of the Public Guardian should be notified immediately and they have a decided team for such issues (0300 456 0300)
An EPA could only be made during / pre 2007, so your friend's mother would have made it some time ago. An EPA can only be registered when the person who made it is losing mental capacity.
When it is registered, the person who made it, as well as close family, have to be notified and have a chance to object.
Banks will usually only accept instructions from Attorneys operating under a registered EPA but might possibly accept an unregistered one in some circumstances.
Attorneys should involve the person who made the EPA in decisions as far as possible. The mother is probably best advised to ask the Attorneys to go through the bank statements with her and also to double check whether the EPA is unregistered or not.
If there is any concern about misuse of funds, the Office of the Public Guardian should be notified immediately and they have a decided team for such issues (0300 456 0300)
Thank you very much for your reply. This is indeed a complex problem and one where frankly I am suspicious of the Attorneys true intentions. Initially an Attorney described themselves as a family member, which does seem very wrong. I have seen an old bank statement which does show some very 'Unlikely' expenditure. The problem is that the individuals are legally trained and have been very careful in how matters have been dealt with. The EPA was appealed against as they used a psychiatric report to support the application and the objection was overruled. Having spoken to the family and the individual concerned I feel sure all is far from right.
Any guidance greatly appreciated
In general the mother is alert, but she does not want to offend or upset anyone. The Attorneys had a psychiatrist provide a report to support their position. The validity of this report is questionable for reasons I am unable to disclose here.
Thank you
The bank is unlikely to release statements to the mother. It is not unreasonable for the attorneys to go through the statements with her and explain the transactions. Asking for this is the starting point. If any issues arise, the OPG should be able to assist and investigate where appropriate.
hi @memoryhelp
tricky if the donor doesn't want to make waves, though this doesn't sound like a situation which should remain unquestioned .... the GOV site makes it clear how an Attorney under an EPA should act, which isn't how this Attorney is conducting themselves
and this page explains how to proceed
https://www.gov.uk/use-or-cancel-an-enduring-power-of-attorney
tricky if the donor doesn't want to make waves, though this doesn't sound like a situation which should remain unquestioned .... the GOV site makes it clear how an Attorney under an EPA should act, which isn't how this Attorney is conducting themselves
and this page explains how to proceed
https://www.gov.uk/use-or-cancel-an-enduring-power-of-attorney
It is possible to check FOC whether the power has been registered
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/800542/opg100-find-out-if-someone-has-a-registered-attorney-or-deputy.pdf
Note section 4 is optional
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/800542/opg100-find-out-if-someone-has-a-registered-attorney-or-deputy.pdf
Note section 4 is optional
