Is it Legal to ask for donor signature in addition to LPA?

Discussion in 'Legal and financial issues' started by Stechi, Feb 14, 2015.

  1. Stechi

    Stechi Registered User

    Feb 14, 2015
    1
    I have an LPA to deal with my Mum's Financial affairs. I have been through lots of complications getting banks to set up access to my Mum's accounts, and I have managed to get round their insistence on having the account holder / donor sign a form when I have presented with them with an LPA that gives me authority to sign for them. Nevertheless I got there in the end.

    I am now looking at investing in Pensioner Bonds on behalf of my Mum, and the NSandI are asking for the donor to sign the form, in addition to seeing the LPA.

    Is it legal for them to ask for this? It means the LPA is valueless.

    It is not a simple matter for me to get my Mum to sign things; she has Alzheimers and can forget what we are doing, but also she is 300 miles away and I cannot visit very often.

    I notice on the NS&I form they say "We require the holder to sign in conjunction with the attorney, receiver or deputy, unless there is a physical or mental incapacity" but they do not allow you to say there is incapacity; if I put the form in without a donor signature, wouldn't they just reject it?

    I do not want to be pushed into saying she does not have capacity. Can I get them to accept the LPA to show I have power in this matter?
     
  2. jenniferpa

    jenniferpa Volunteer Moderator

    Jun 27, 2006
    39,438
  3. tre

    tre Registered User

    Sep 23, 2008
    1,353
    Herts
    I am in a quandary over the same thing Q8 on the form. It says attorney AND account holders signature.The note says "we require the holder to sign in conjuction with the attorney unless there is a physical or mental incapacity" but there is no box to tick or anywhere to provide further details.
    My husband is both physically and mentally incapacitated so cannot sign but years back when applying for attendance allowance the form was returned to us with the box where he should have signed if it had been possible highlighted as incomplete. In this case it was all the more irritating as the details provided on the form made it quite clear he was unable to sign
    Tre
     
  4. snowygirl

    snowygirl Registered User

    Jan 9, 2014
    151
    We are in the process of buying these bonds for my parents who both have dementia. My sister is dealing with NS&I and received a letter saying they wanted dad's signature. She rang them and asked about this as dad wouldn't now be able to sign and we have LPA. They asked for the original LPA which we reluctantly sent to them even though they had already had a signed copy from a solicitor. WE received the LPA within a week and my sister was told that she could sign the form on behalf of dad which she has. Having said all this while this was going on we discovered that dad's bond money had been returned back to him!!!!!!!! Just wondering whether to start all over again as clearly communication at the NS&I is rubbish!
     

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