LPA - How to get the bank to cooperate

[padmag]

Hello, I have used this form in the recent past and have had great advice, the only place I can come to that gives straight forward truthful views, and usually from experience. My situation at the moment is that I am a full time carer for my partner who is getting progressively worse, being doubly incontinent and his walking is reduced to a very slow shuffle, so as you can imagine I am fully occupied. Why I am writing is that my Mum also has Alzheimers,she is 90, (not so far along as my partner at the moment) my sister being the main carer - Mum lives alone with visits from sister down the street ( It seems to generally work now we have put alarms in place to alert my sister if Mum goes walkabout). My sister and I both have power of attourney in an LPA (Financial and Health) My worry is that if my sister should be ill or any other reason that means she cannot care for Mum, then I will have to take over. We are the only family that Mum has that would care for her. Of course I wouldn't be able to physically be Mum's carer but on a practical level and financially I would need access to Mum's accounts to finance any care that was needed to be paid for. At the moment my sister uses Mums card to pay for things she needs, and draws her pension for her. I have suggested that we make an appointment with the bank in order to set up 2 cards, one for each of us, and let them have sight of the LPA. she rang the bank who said 'just call in' but they would not be able to issue 2 cards. Does anyone have experience or can they recommend a helpful bank in order to sort this out.
Mum has been attending a residential home a couple of times a week with a view to moving there permanently in the future. As I have more than enough on my plate, as we all have, I need to set this up so if in the event of my sister being unable to care I won't have to firefight or jump through hoops to help Mum, when I do not have the energy or spare reserve for this. My sister is in total agreement with this.

 

[nitram]

As I understand it your sister is using your mum's card without any reference to LPA.

Query with the bank that if they register the LPA because of your mum's declining competence they will allow one of you to be main cardholder with the other as an additional cardholder. Not the same as you both being cardholders.

Is the LPA joint or joint and several?

 

[padmag]

Thanks Carmar, good advice. In my befuddled brain I didn't even think of online but I would still need a 'device' (I use online banking but need a device for a code to input). The original enquiry at the bank was made by my sister, but I think I will call and push for an appointment if possible, and ask what documentation will be required on the day.
Hello Nitram, yes my sister has been using Mum's cards without reference to the LPA., I know its not legally correct. The LPA is jointly and severally. I would be happy as the additional card holder as long as I can use it when needed.
Thanks both of you for the reply. I used to be very organised and clear thinking but tiredness takes over and I don't seem to be able to resolve simple problems these days, but a nudge in the right direction definitely helps.

 

[Boromir]

I strongly recommend asking a solicitor about this. Bank staff are not immune to making mistakes, or having incorrect assumptions about what is or is not allowed. My fiance has worked for a bank for 35 years, she's seen it all; her mother passed away recently and, as a customer, she saw this problem first hand, the young staff person dealing with the documents - a coworker - processed the information incorrectly, leading to all sorts of complications (of course ideally she'd just process it herself but that's obviously not allowed for sensible reasons). Getting things properly put in place now can prevent complications later, but don't assume bank staff (especially if they're young) have the correct idea of what is or isn't permitted.

Also note that I have found having a Financial POA in place did not really help that much in some cases until the Welfare part of the POA was also activated (eg. arranging for a walk-in shower/toilet/basin to be installed in a bedroom), the Welfare part being something that normally kicks in when the person is declared to lack capacity by a GP. Note though that if a person is declared to lack capacity, then their cards will cease to function and they can't issue cheques anymore, ie. the person with the POA has to run the account completely. This can have implications if, for example, the details of a person's card were being used to pay for regular grocery shopping from a supermarket, ie. best to get such things setup on the POA card instead.

Atm, your sister using your Mum's card for things is unwise. This breaks the account T&Cs if she's using the card's PIN anywhere. Far better to have a separate card drawn up based on the POA arrangement, use that instead. Ditto a cheque book. Naturally, make best use of direct debit and standing order facilities to minimise the degree to which the person receives bills; I have bills redirected to my own address so my step-Dad doesn't have to worry about them. Note that some utilities will want to see the original POA, whereas others are happy with certified copies and some are fine with just being emailed jpg scans.

 

[love.dad.but..]

I registered poa for dad at Natwest...I had a card as the main poa registered and my sister was issued with a card sent to her address as we are joint and several. We each had our own pin numbers. My sister lived a fair distance and she was able to call into her local branch to provide ID and sign the form.Had no problems at all.

It is understandable but very unwise to be tempted to use your mum's card and with poa presumably already registered with the OPG and therefore activated there is no need.