LPA Advice Needed

[Rich_N]

Hello everyone,

Both my parents have recently been diagnosed with dementia, I'm the only child so it's up to me to look after them.

I've sorted out a Lasting Power Of Attorney for my father so I can look after his financial affairs. The problem I have is that dad's finances are all over the place in various accounts. I can see a time when I need to combine all his money so that I can make sure all his bills are being paid etc - I have my own affairs to look after so I'll want all dad's money in only one or two accounts to simplify matters.

My question is this - can I do that? Can I move all dad's accounts and combine them into one or two and if I can do the banks generally make life easy or hard.

This is very new to me and I'm struggling to get my head around what I can and can't do.

Many thanks in advance,

Rich

 

[bunnies]

Yes, if you have LPA you can do anything the person would have been able to do themselves. It's only a question of showing the document to all the banks involved.

 

[BeckyJan]

Yes you should be able to do this but I would record and date every change. There are reports here on Talking Point how unhelpful some of the banks can be. You may need to take the original document with you so that they photocopy it themselves but PLEASE do not let any of them take control of the original.

I managed to get two free copies from the OPG and then copied some myself and got an authorised person to sign each sheet. That has been useful as many copies are not returned.

I have to say with POA for my brother and my husband I have not had any difficulty although it was time consuming as each time it was meticulously checked.

Best wishes

 

[nitram]

If your father still has some capability consider asking him to close unwanted accounts.

Don't forget:-
Tax
Make an appointment at any HMRC Enquiry Centre
http://www.hmrc.gov.uk/enq/index.htm
Take the original LPA there, they will copy it and update your father's tax record to indicate your POA

State pension and benefits
Contact the National Pension Centre
http://www.direct.gov.uk/en/Dl1/Directories/DG_180030
They will send a form to specify an account to pay benefits into and you to sign as 'representative'
Although the form says that the receiving account should be in the representative's name you should ignore this and specify an account in your father's name.
Don't send them the LPA, instead go to any Job Centre Plus and ask them to make and certify a copy.

Private/occupational pensions
Contact the provider, see if they have regional office who can certify the LPA

If your mother is still capable consider asking her to also make an LPA, also consider Health and Welfare LPAs for both parents.

As has been said ask for two free 'office copies' of each LPA and don't forget about the exemption and remission of fees

http://www.justice.gov.uk/global/fo...-fee-remission-exemption-application-form.pdf

http://www.justice.gov.uk/global/forms/downloads/opg/opg506-remissions-exemptions.pdf

With an LPA you are required to be accountable for the management of the donor's affairs, this does not mean produce formal accounts, you just have to be able to show that expenditure was reasonable and in the donor's interest.

 

[Nebiroth]

Yes, you can do all that; being an attorney allows you to do virtually anything that the person themselves could have done with the exception of very large transactions such as those disposing of property.

However, it must be said that some banks etc are less than helpful including those that seem to be unaware of the law and the authority granted to attorneys. It may be necessary to contact someone in the bank at managerial level, often above that at branch level. You might even need to refer the matter to the OPG or Financial Ombudsman although often a threat to do that will produce results

And as has been said, never, ever, send out the original of the LPA. The certified copies provided are all that is necessary and carry all the authority of the original - if a bank says otherwise they are wrong.

 

[Rich_N]

Many thanks for the advice - both parents are still capable of understanding, dad seems to be going downhill really quickly though but mum just seems to have short term memory issues.

I'll sort out the other LPA's when I come back from holiday.

Thanks again.

Rich

 

[Nebiroth]

Once the LPA is registered and you become an attorney you can apply for, and receive, state benefits on your dad's behalf if you like. This includes the State Pension and Pension Credit.

For benefits he is already receiving you can instruct the DWP as to where they should be paid - this can be an account that is held in your name, if you so wish.

If you need to apply for any new benefits (such as Attendance Allowance) you can just fill in the form yourself, all you need to do is tick the box marked "I am filling in the form on the person;s behalf without their knowledge and I have power of attorney for them". This will be accepted without question although you may have to produce a certified copy of the document (as supplied by the OPG)

If you don;t have power of attorney you can still fill in the form for someone else but you have to give lengthy explanations as to why and whether they have read what you have put in it, if they don;t know about it you have to explain that and so on.

It;s my experience that the DWP is far better at this than the banks. They are much better set up for dealing with people who have lost capacity to manage their own affairs, or people acting as attorneys.

 

[rincewind]

L.PA Advice needed

Hello everyone,

I have had POA for my mum a number of years and I have had no problems, make sure you let telephone, utilities and insurance companies know as well as the banks and DWP. It makes life easier
rincewind

 

[Farmergirl]

Really good info here - thanks