LPA and court of protection

[myheadisinaspin]

we have my brother and i LPA of my mothers property and affairs.
what i want to ask is that one of mums investments has be issued with original documents of LPA and have now been accepted taht we have taken control. they ahve written to us asking we have court of protection now so they can act on the investment on her behalf. does the LPA not give my brother and i the authority to act on my mothers behalf hence therefore giving them permission via us. why would court of protection be involved please any help would be gratefulx

 

[jenniferpa]

Did the letter ask if the lpa had been registered with the court?

 

[myheadisinaspin]

no the letter said that we need to register with court of protection so they can act on my mothers behalf?
, without it they cant.LPA is registered with OPG

 

[jenniferpa]

I think you are dealing with a company that is very confused. I would suggest calling the opg helpline and asking the best way to put this company straight. They do not seem to understand that registraion of an lpa is the thing you have to do with an lpa. I suspect whoever wrote this letter doesn't understand the connection between the opg and the cop.

 

[myheadisinaspin]

thank you xxxxxxxxx for your advice i will look into it.

 

[DozyDoris]

Hi Bonnie, I had all this when applying for a mortgage (long story!), hell most organisations have no idea what so ever about LPA and worse still don't bother to look for themselves!!!!! Grrrr
The LPA if registered is all you need, I had very lengthy and helpful conversations with both the COP and OPG when I had problems. They will not put anything in writing for you though in the way of advice to the company.
If you were planning to say move money from your Mum's investment into your own, for what ever reason, then it would probably be for the COP to approve this as the attorneys affairs and the doner's are to be clearly separate. I'm sorry if my wording is not very good, it does explain it on their web site.
Good luck, Jane xx

 

[myheadisinaspin]

we are not intending to move any of mums accounts lol its purely what they seek to be able to act on her investment nothing to do with us moving it.its a barclays wealth and until now the family didnt know about it. its been a nightmare to get to this point with them and now they saying they cant act as they need court of protection

 

[DozyDoris]

They don't know what they're talking about!!!! This makes me so mad and I know what you're going through, I'd still do what Jennifer says and call the OPG/COP. Loads of other members have had problems with the lack of understanding of LPA's, makes my blood boil.
We have a really decent chap who is a solicitor who is really good with elder law and not pricey which makes a change.
You certainly don't need to go through the COP just to manage your Mum's finances, that's the whole point of the LPA, they would grind to a halt if you had to apply to them each time you had to use the LPA!! (and there's a long enough wait anyway
Write to the MD!!!! This is a handy site for contact details of most of the big organisations. I contacted the CEO of BT this way, and HE actually responded AND got it all sorted (noting to do with the LPA by the way) but it really worked. x

 

[DozyDoris]

Would help if I pasted the link!!!

Here it is http://www.ceoemail.com/

 

[Contrary Mary]

Hello, reading your post has made me reach into the place where I have a certified copy of my aunt's LPA. In the top right hand corner of the front page is a stamp with the date that the OPG registered the LPA. Further down is the seal of the OPG with their phone number.

It sounds as though you are dealing with idiots

 

[LNB82]

I would suggest that you call into the bank itself and explain in person that you have a registered LPA and wish to speak to a member of staff who can assist. Most banks have someone in the branch who is familiar with these forms. There are a few banks who are not very bright on this point but it well worth talking it through in any event. They usually just give you a form to complete & at least you will have a point of contact who you can call up if there are any issues.