LPA - time to enact but confused...

Discussion in 'Legal and financial issues' started by Cazza0104, Oct 10, 2019.

  1. Cazza0104

    Cazza0104 New member

    Jun 6, 2019
    7
    I'm sorry if this sounds like an obvious question but I am confused. My two siblings and I have LPA for my faither affairs as well as welfare. We have decided that the time has come to help him manage his money i.e enact the LPA, as he gets constantly in a muddle and panics about his finances. He agreed to my brother applying for online banking but then forgot and wrote to cancel it saying it was set up without his consent.

    However, when I research the Halifax website on how to enact LPA it asks Dad to make an appointment with the bank, and to bring in the LPA documents along with his representatives. I know he wont agree to this as he does not recognise his Alzheimers. I thought the whole point of LPA was to be able to be able to manage his finances once he has lost capacity to do so - why then are they asking for his consent when he can't / wont give it due to mental incapacity?

    Thank you cor any help on this - it's not just the bank - there are over a dozen other financial institutions to deal with as well!
     
  2. Woohoo

    Woohoo Registered User

    Apr 30, 2019
    364
    Female
    South East
    Hi @Cazza0104 . I’m not that clued up about it all but when I got Lpa I took that to the banks and set it up ,I didn’t take my Pwd with me , can you not speak to them and explain , they should be aware, Halifax has a separate Lpa dept as I spoke to them when setting mine up. Good luck .
     
  3. canary

    canary Registered User

    Feb 25, 2014
    10,713
    Female
    South coast
    Most financial POAs are set up so that the attorney can use it even if the the person has not lost capacity, but it then has to be done with their consent. I think this is the scenario that this bank is talking about ie he has capacity and must therefore give his consent.

    What you actually have, though, is a PWD who does not have capacity, which is quite different. I booked an appointment with mums bank manager and had to take with me the POA, forms of identification and proof of where I lived, but mum did not have to come with me. I would speak to the bank manager.
     
  4. Sirena

    Sirena Registered User

    Feb 27, 2018
    1,785
    Female
    I think I might know what's happened. My mother banks with the Halifax, and when I looked at their website I was horrified to see that it said my mother had to attend with me - which would have been very difficult given we lived a long distance from each other. But when I rang them they told me that information was for actually setting up an LPA.

    You already have an LPA, and you just want to register it with them so you can use it. I rang the local branch and told them what I wanted to do, and they made me an appointment two days later with an advisor. I went in on my own, with a certified copy of the LPA and my ID (I think you need two forms of ID, but they will tell you) and the advisor was brilliant, so helpful. She scanned in all the info and gave me all the help I needed, including helping me to set up an online account. I then received a bank card and cheque books for the account in the post. It was probably the easiest thing I've ever had to do as attorney - they were super efficient.
     
  5. Banjomansmate

    Banjomansmate Registered User

    Jan 13, 2019
    1,244
    Female
    Dorset
    Providing the LPA has been registered and certified by the OPG all you should need to do is take a Certified Copy to the Halifax and they will set it all in motion for you. I ran The Banjoman’s account through telephone banking, there was a dedicated section that worked until 10.00.p.m. every day.

    Barclays were a different matter. One of my co-Attorneys had more of a problem with them and they contacted every attorney about it.
     
  6. Summers Day

    Summers Day New member

    Oct 9, 2019
    5
    My dad had made a LPA and we used a solicitor to register it when dad lost capacity - there is a procedure of contacting close relatives I think? Once that was done we had no problem using the certified copies we had been given. But there is a legal procedure to go through you can’t just take the LPA straight to a bank - hope this helps
     
  7. sausagedog

    sausagedog Registered User

    Aug 22, 2019
    37
    Make an appointment with the bank and see them on your own - you certainly do not need to take PWD with you. They are used to dealing with these matters. Take your LPA document with you together with 2 forms of ID (they’ll tell you what you need to take in) This is what I did. It was simple and the bank were very helpful. As mum & I banked with the same bank, they merely added her account to mine for online banking. They said I could continue to use mums bank card (I didn’t need to as all monies coming from her account were by d/debit and she didn’t need cash as she was in a care home). Hope this helps
     
  8. northumbrian_k

    northumbrian_k Registered User

    Mar 2, 2017
    841
    Male
    Newcastle
    Be sure that your appointment is booked in advance and is with someone from the team that deals with Power of Attorney if not the Manager themselves. My experience with a different (horsey) bank was straightforward. My wife was in respite at the time. I made an appointment, took my ID and Lasting Power of Attorney and it was all setup in a few minutes - me as my wife's representative for her accounts, access via internet banking and a new bank card in my name - and took only a few days for all of these to happen.
     
  9. Normaleila

    Normaleila Registered User

    Jun 4, 2016
    691
    I think most people register it soon after it's signed. (You don't have to use a solicitor.) Then it's ready to take to the bank immediately.
     
  10. Cazza0104

    Cazza0104 New member

    Jun 6, 2019
    7
    Thank you everyone - I have now called and it’s true, I can just do it over the phone and upload the docs. The only issue is they then wont send him his statements - only me, and he’s not so bad yet that he wont realise this. If I talk to him he wont allow the LPA to be actioned so if I go ahead he will get very angry / panicked when he realises. So not sure what to do....
     
  11. Louise7

    Louise7 Registered User

    Mar 25, 2016
    1,313
    Could you tell him that banks are stopping sending out statements via post now, so they have to be printed off the internet. Let him know that you will print them off for him, then give them to him regularly, the same as he would have received them previously, and they'll still have his name on.
     
  12. Rosettastone57

    Rosettastone57 Registered User

    Oct 27, 2016
    1,047
    We had to be devious with my mother-in-law over bank statements. My husband and I had POA for finances and her post was redirected to us. We told her the bank was not sending out statements which worked for a while. Then mother-in-law decided that my husband had stolen some money from her current account. Unfortunately my husband mentioned that he had moved money in fact we had moved some money into a better account . So he printed off a statement, altered the date with a scanner to show the money still there. Showed to mother-in-law who was convinced and we heard no more about it.
     
  13. leslyz

    leslyz Registered User

    Oct 24, 2015
    72
    hi Cazza,
    Mum's bank continued to send out paper ones to her and let me access them on line as well. So maybe it depends on the bank. Good luck, it really is a minefield out there isn't it.
     

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