Ability of family member without LPA to block persons ability to place orders

Discussion in 'I care for a person with dementia' started by WestCountryGirl, Sep 16, 2019.

  1. WestCountryGirl

    WestCountryGirl Registered User

    Jul 27, 2016
    99
    Interesting one here and something I wouldn't have expected to ask nor what search to do to see if someone else has experienced it.

    Situation is that family member who doesn't have Financial LPA has managed to put a block on a long standing account and deprive the account holder from making purchases purel,y it appears at the current time, by just saying that this person has Alzheimer's and is unable to make financial decisions on their own.

    Added to which, from the point at which this claim was made an independent mental capacity assessment was conducted (requested by Social Services Safeguarding) as a result of claims made by this family member and the person was found to have capacity, yet the family member did not go back and advise the company that they were wrong in their claim and as such should have withdrawn this?

    Not to mention that since this time, transactions have been approved by the family member, which at the time were not advised to the account holder, ie the company had actually taken on board this claim, raised an alert on their order screen and have been not only sharing the purchasing decisions of the account holder with this family member but actually been fulfilling the orders on the authority of a person who has no financial LPA to take those decisions anyway ! Would this not be a GDPR breach to share information in such a way, not to mention a breach of the Human Rights Act and quite possibly a few other laws too, even a criminal law such as misrepresentation / fraud?

    Any thoughts on this one please?
     
  2. canary

    canary Registered User

    Feb 25, 2014
    10,524
    Female
    South coast
    Thats an unusual one. Normally it is very difficult to get the bank to do anything without a POA or the permission of the account holder - although they often do freeze an account if they get wind of the account holder having cognitive problems.

    I would strongly recommend that the relative with dementia takes out a POA, while they are still able to. Then the attorney can go into the branch and book an appointment with the manager. They then take all relevant documents (including POA) to discuss the matter with the manager and sort it out.
     
  3. WestCountryGirl

    WestCountryGirl Registered User

    Jul 27, 2016
    99
     
  4. WestCountryGirl

    WestCountryGirl Registered User

    Jul 27, 2016
    99
    There are LPA's in place (registered with the Office of the Public Guardian), but not for the relative who has taken it on themselves to block the account.

    The actual LPA has now been provided as they wouldn't take the word of the account holder, nor the word of the person who has LPA and instead insisting that this be provided, but so far no response and am doubtful they are going to jump at the chance to explain this one away

    I am stunned that any company has taken such an action just on the belief that a third party is telling them the truth - or at least that is how it currently appears.
     
  5. canary

    canary Registered User

    Feb 25, 2014
    10,524
    Female
    South coast
    Sorry I misunderstood - I thought you were saying that there was no POA.
    When I registered with the bank for mums account I booked an appointment with the bank manager (the people on the desk seem to have very little understanding of POA) and had to take proof of identity, proof of address and the original documents. Im my case I was appointed deputy by the CoP and had to take an original certificate (photocopy was no good), but it works the same for POA, in which case you have to take the original document. They scanned the document for the bank and I had to sign and then it was all on record. I found the manager extremely knowledgable and helpful, but I dare say individuals vary.

    Previously I had been made a third party to mums account and this could be done just on her say so. With this I could do quite a lot of things on that account, but I dont know if this is what happened in your relatives case

    I hope you manage to sort it out.
     
  6. WestCountryGirl

    WestCountryGirl Registered User

    Jul 27, 2016
    99
    Quick update. It is confirmed that the relative wrote a letter making this request. The company have said that they acted in good faith and are amending procedures so that any future requests of this nature would result in a request for proof of LPA.

    The Company is going to make further enquiries but believe that they are unable to supply a copy of the letter given GDPR regulations. Shame they didn't think of that one when phoning the relative for authorisation for any orders placed.
     

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