Hi there, my dad has Alzheimers............I need to know how I can withdraw his pension for him from the post office as he can no longer do it? I have the LPA form and I am legally the Attorney.....Can I draw it for him with just the letter and some ID or do I need to fill in a form? The Poffice seem unable to help me on this one.......does ANYONE know?
How to obtain access to my dads pension at the post office if he cannot draw it?
- Thread starter Peopleschoice
- Start date
Is the LPA registered?
An LPA has to be registered to come into effect. This can be done either immediately following it's creation, or later. Some LPAs say they can only be registered when the person creating them (called the donor) loses the capacity to manage their own affairs.
If it is registered, then the Office of the Public Guardian shold have issued you with a certificate - this is legal proof of your being attorney. (By the way, if any financial institution wants to see an original document, never send it away in the post; if necessary, get a certified copy and send that. It's Ok to take an original as proof in person thouogh)
Assuming that the LPA is the financial one and it doesn't place any limitations on what you can do, then you have the legal authority to do pretty much anything your dad could do himself.
For managing a bank or Post Office account (into which a pension is paid), then it should be enough to present your certificate proving you are the attorney and the usual identification. Your authority is legally binding, so a bank (etc) must accept it.
It may be that whoever you saw was simply not familiar with powers of attorney. In that case, ask to speak to someone at managerial level (usually, the larger the branch, the better)
If the LPA is not registered then you will need to do this. The website for the Offic eof the Public Guardian explains how.
There may be some formalities at the Post Office before you can actually draw money. All financial institutions are extremely reluctant to let anyone (even attorneys) use someone else's card, so they might have to issue a separate one for you to use.
An LPA has to be registered to come into effect. This can be done either immediately following it's creation, or later. Some LPAs say they can only be registered when the person creating them (called the donor) loses the capacity to manage their own affairs.
If it is registered, then the Office of the Public Guardian shold have issued you with a certificate - this is legal proof of your being attorney. (By the way, if any financial institution wants to see an original document, never send it away in the post; if necessary, get a certified copy and send that. It's Ok to take an original as proof in person thouogh)
Assuming that the LPA is the financial one and it doesn't place any limitations on what you can do, then you have the legal authority to do pretty much anything your dad could do himself.
For managing a bank or Post Office account (into which a pension is paid), then it should be enough to present your certificate proving you are the attorney and the usual identification. Your authority is legally binding, so a bank (etc) must accept it.
It may be that whoever you saw was simply not familiar with powers of attorney. In that case, ask to speak to someone at managerial level (usually, the larger the branch, the better)
If the LPA is not registered then you will need to do this. The website for the Offic eof the Public Guardian explains how.
There may be some formalities at the Post Office before you can actually draw money. All financial institutions are extremely reluctant to let anyone (even attorneys) use someone else's card, so they might have to issue a separate one for you to use.
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With or without LPA you can become his appointee for pension and other benefits, and get the money paid into an account in your name, or a joint account in your and his names. See http://www.direct.gov.uk/en/MoneyTa...herSupport/BeginnersGuideToBenefits/DG_199109
It's quite a straightforward process, though someone will come to interview you to check that it's all above board.
It's quite a straightforward process, though someone will come to interview you to check that it's all above board.
my dad has a card for his pension and i use it to get his pension weekly, you will need his pin number. my local post pffice no me quite well and its never been a problem x
Yes,that's how I get my dad & mums pension with a card & pin number.
I use either their cards or I have one as well
Val
I use either their cards or I have one as well
Val
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Hello. I am writing on the assumption that the pension is paid into a post office card account, and not simply that the Post Office is being used to withdraw money from any of the big banks.
When pension books were being phased out and cards introduced, Mum applied to have a second card for me as a "trusted helper" and this carried on even when Mum got dementia and I had POA - the PO weren't worried about seeing this until any problem arose, which fortunately it didn't.
Now, as you already have POA I'm hoping it might be straightforward for you to get a second card. The helpline number for the PO card account is 08457 22 33 44 - I'm sure they should be able to help you.
Hope this helps.
When pension books were being phased out and cards introduced, Mum applied to have a second card for me as a "trusted helper" and this carried on even when Mum got dementia and I had POA - the PO weren't worried about seeing this until any problem arose, which fortunately it didn't.
Now, as you already have POA I'm hoping it might be straightforward for you to get a second card. The helpline number for the PO card account is 08457 22 33 44 - I'm sure they should be able to help you.
Hope this helps.
Nobody at a Post Office can authorise the use of a Power of Attorney for withdrawing pensions, the Post Office are acting as agents on behalf of the DWP, they will require authorisation from the DWP.
As has been said the DWP can authorise an appointee on request, a representative will call to see both the person lacking capacity and the appointee.
Customers Incapable of Managing Their Own Affairs
Appointees
If a customer is incapable of managing their own affairs the Secretary of State
can authorise someone else to act on a customer’s behalf. This is called an
appointment to act and the person or organisation appointed to act is called
an appointee. A Secretary of State (S of S) appointee is not appointed to look
after the person’s affairs generally, only to deal with the person’s benefit
entitlement and benefit payments.
Please note that appointee action would not be appropriate if the customer
already has another payee appointed by the Court e.g. a Deputy.
If the customer had an existing account prior to needing an appointee, the
appointee should be encouraged to notify the bank of the change in the
customer’s circumstances. The bank may insist that the account should be
closed and a new one opened in the appointee’s name only.
A POca can be used for receipt of benefits but this must be in the appointee’s
name only.
http://www.dwp.gov.uk/docs/third-party-access.pdf
(POca = Post Office Card Account)
Another way is to go to a local Job Centre Plus and ask them to make a free certified copy of the LPA, this copy can then be sent to the DWP with a request for the attorney to handle all DWP related matters, the staff at the Job Centre Plus will probably help with this if you ask them nciely.
As has been said the DWP can authorise an appointee on request, a representative will call to see both the person lacking capacity and the appointee.
Customers Incapable of Managing Their Own Affairs
Appointees
If a customer is incapable of managing their own affairs the Secretary of State
can authorise someone else to act on a customer’s behalf. This is called an
appointment to act and the person or organisation appointed to act is called
an appointee. A Secretary of State (S of S) appointee is not appointed to look
after the person’s affairs generally, only to deal with the person’s benefit
entitlement and benefit payments.
Please note that appointee action would not be appropriate if the customer
already has another payee appointed by the Court e.g. a Deputy.
If the customer had an existing account prior to needing an appointee, the
appointee should be encouraged to notify the bank of the change in the
customer’s circumstances. The bank may insist that the account should be
closed and a new one opened in the appointee’s name only.
A POca can be used for receipt of benefits but this must be in the appointee’s
name only.
http://www.dwp.gov.uk/docs/third-party-access.pdf
(POca = Post Office Card Account)
Another way is to go to a local Job Centre Plus and ask them to make a free certified copy of the LPA, this copy can then be sent to the DWP with a request for the attorney to handle all DWP related matters, the staff at the Job Centre Plus will probably help with this if you ask them nciely.
I was coming at it from the angle, that someone with power of attorney really shouldn't need to become an appointee. They already have the necessary authority.
Of course, it's possible to use someone else's card if you know the PIN. But I wouldn;t recommend it. Most banks really don't like anyone but the actual cardholder using it. In a bank branch if you try using a card that is obviously not yours, even if you know the PIN, then there's a good chance of their querying it.
The T&C's of cards certainly require cardholders to keep PINs confidential. I'm sure the practise of allowing others to use them is widespread though.
Of course, it's possible to use someone else's card if you know the PIN. But I wouldn;t recommend it. Most banks really don't like anyone but the actual cardholder using it. In a bank branch if you try using a card that is obviously not yours, even if you know the PIN, then there's a good chance of their querying it.
The T&C's of cards certainly require cardholders to keep PINs confidential. I'm sure the practise of allowing others to use them is widespread though.
