Advice for dealing with bank and LPA

Stevie77

New member
Sep 30, 2022
4
0
Hello everyone, I hope someone here may have information/experience/can share insight into how best to deal with the following situation. I’m sorry but it is a long tale…

Briefly; my MIL has been diagnosed with Alzheimer’s around a year ago but have recently suffered a decline, coupled with some medical issues. My husband and his brother are in the process of applying for a LPA.

Before she was diagnosed, it came to light that her finances were in a mess. My husband has helped sort it out for her and in the process paid c. £3k to various creditors. Her finances have been under control - she is on full pension credits, housing benefit etc. and lives in a local authority bungalow nearby. She only has a very small NHS pension as additional income.

At the time, my husband was given third-party mandate with her bank. He managed the accounts, making sure everything was ticking over and nothing untoward was happening.

Everything stabilised and in July he decided she had enough funds to pay us back. He spoke to her and she was happy with that. He foolishly decided to try and make a single payment. The bank’s online service rejected the transaction and it was flagged as fraud. A very rude lady then spoke to my husband and his mother, asking her questions such as “well, why weren’t you paying your debt to the vet?” and “why weren’t you paying the bailiffs?”, even though my husband explained the situation and diagnosis. This resulted in her accounts being frozen. She’s been told to go to the branch to ID herself and unfreeze her accounts. An attempt to do that was made in August but as she has no photo ID, we had to request various letters as proof of identity, and coupled with a hospital stay have only managed to go to the bank again today. The lady in the branch has tried her hardest to get various people on the phone to help but the bank refuses to unfreeze her accounts. They refuse to transfer money from her savings account, to her current account to cover her bills. It’s been referred to the special circumstances team to make a decision next week. These decisions are causing her financial hardship and it’s frankly unbelievable that under the guise of duty of care a financial institution can do that. We get they have to be cautious and act in her best interests, but if they looked at their records they could clearly see that nothing untoward was happening for a long time. Frankly, it’s Kafkaesque.

We’re at a loss with what to do and how to act. The LPA will take weeks to go through and even then we understand that the bank can refuse to accept it? We’ve resigned to the fact that we’ll never get back the money we paid, but we’d at least like to get her accounts up and running (and take all her money out of that damn bank and move it elsewhere!).

If anyone has any advice, please help!
 

Jessbow

Registered User
Mar 1, 2013
5,842
0
Midlands
Why would the bank refuse to accept it? They shouldnt do.

Under duty of care, they re actually doing as they should, She has dementia and someone is trying to move a lot of her money on line....big red flags waving!

Hopefully special circumstances team should be ble to sort it out. stay calm!
 

canary

Registered User
Feb 25, 2014
25,448
0
South coast
Im afraid that if the bank knows that someone with an account with them has dementia, freezing this account is normal procedure, although in your case it is very unfortunate.

There is no reason for the bank to not accept the POA once it comes through. You will have to book an appointment with the bank manager and take various IDs of yourself (what is required varies from bank to bank) along with the POA. They will then unfreeze the account. You will then be registered as the POA of all your mums accounts and will receive a cheque book and debit card with you name as POA. You will then be able to get your money back.
 

RosettaT

Registered User
Sep 9, 2018
866
0
Mid Lincs
I was 3rd party access to my mums account. I had my own card, and her statements were sent to me. I could transfer her money to existing accounts whenever I wanted.

I couldn't open close accounts, change her personal details or apply for overdrafts, loans or a mortgage in my name.

I hope they realise what you tried to do for her and sort the problem ASAP.
 

Stevie77

New member
Sep 30, 2022
4
0
Im afraid that if the bank knows that someone with an account with them has dementia, freezing this account is normal procedure, although in your case it is very unfortunate.

There is no reason for the bank to not accept the POA once it comes through. You will have to book an appointment with the bank manager and take various IDs of yourself (what is required varies from bank to bank) along with the POA. They will then unfreeze the account. You will then be registered as the POA of all your mums accounts and will receive a cheque book and debit card with you name as POA. You will then be able to get your money back.

I can kind of see why banks would do that, do you know what the normal procedure is? They bank initially told us it’s until they confirm her identity, which they’ve now done but are still refusing to unfreeze them.
 

Stevie77

New member
Sep 30, 2022
4
0
I was 3rd party access to my mums account. I had my own card, and her statements were sent to me. I could transfer her money to existing accounts whenever I wanted.

I couldn't open close accounts, change her personal details or apply for overdrafts, loans or a mortgage in my name.

I hope they realise what you tried to do for her and sort the problem ASAP.

That’s interesting. My husband had none of this. Yesterday we were told third-party access only permitted him to make transactions in branch, which wasn’t mentioned previously. Having managed her accounts online all that time was apparently not permitted.
 

Jessbow

Registered User
Mar 1, 2013
5,842
0
Midlands
third party access is often short term or for a specific transaction, not an on going thing. Thats what POA is for.

I doubt they will unfreeze them- you have told them she lacks capasity to operate them herself, so until you get that POA you maybe up a creak
 

Stevie77

New member
Sep 30, 2022
4
0
third party access is often short term or for a specific transaction, not an on going thing. Thats what POA is for.

I doubt they will unfreeze them- you have told them she lacks capasity to operate them herself, so until you get that POA you maybe up a creak
Well, it is what it is now. I hope the bank see sense and agree to move some money between her own two accounts to cover her bills, otherwise they’ll push her into debt and we will have to not only lodge official complaint but take legal advice. We’ve got a much bigger mortgage now so don’t have spare cash to fund her unfortunately.
 

Jessbow

Registered User
Mar 1, 2013
5,842
0
Midlands
They might agree to do that IF they are set up as direct debits or standing orders- they are sure where their clients money is going then.
talk to them, in person, and take your mum with you to verify, wether she understands or not.
 

canary

Registered User
Feb 25, 2014
25,448
0
South coast
I can kind of see why banks would do that, do you know what the normal procedure is? They bank initially told us it’s until they confirm her identity, which they’ve now done but are still refusing to unfreeze them.
They have not unfrozen the accounts because you have told them that she has dementia and lacks capacity to manage her finances. I had third party access to mums accounts (until I got deputyship) and there was no trouble because I did not tell them that she had dementia. Its not the proper way to run an account though. Legally you can only make financial decisions if you have POA or deputyship for that person, so once a bank gets wind of dementia/loss of capacity they will freeze that account until you provide POA or deputyship.

Im sorry this has happened. You may be able to persuade them to move some money from her savings account to her current account to cover bills if they are there on SO/DD