Lpa

[Liz57]

I thought I understood what a Power of Attorney meant but now a post on another thread has confused me.

I understood that registering a POA simply meant it was legal and could then be used when needed/necessary but the other thread implies that once I've registered it with the CoP, it effectively takes away Mum's power to do things for herself like sign cheques. Is that right?

Mum is still able to do lots of things herself (wash, dress, feed herself etc.) but gets confused with things. I'm not at the stage of wanting to take away control of her finances but just be able to do things for her if she wishes such as set up standing orders or make online payments for her. I suspect there will come a time when she no longer can do things like sign cheques herself but we're not there yet and she'd hate it if I even suggested she can't sign the grandchildren's birthday cheques herself!

Have I got this wrong?

 

[Cloverland]

Please read the link to the direct.gov web site regarding POA's. this is accurate information.

https://www.gov.uk/power-of-attorney/overview

Meanwhile, my parents registered POA's with myself and brother as attorneys. I had the official document which has to be registered with Office of the Pulic Guardian (OPG). Then it is up to the attorneys to register the POA with the relevant bank before anything happens regarding the donors bank access.

Depending on the bank and type of POA will depend on access to the bank account. We had joint and severally and I was the first named attorney.

In short unless registered with the bank your mum still has full control of her account, once you register with bank you will be asked at what level you require access as an add on to mums account or if she lacks mental capacity full control.

Hope this helps, but set up does depend on individual banks policy.

 

[mrjelly]

When I registered the LPA with Dad's bank, there was a box to tick to say whether or not Dad had capacity to manage his finances. I said, it probably depended on how complicated the matter in question was. As Dad was happy to take my advice and did not risk his money by irrational actions, the bank were quite happy to leave him with the same powers over his account as before. They didn't even change anything on his statements or cheque book, and I just had to write POA after my signature if I was writing a cheque on his behalf.

For a year a two I was filling in cheque details and giving them to him to sign off, including any birthday or Xmas gifts. Eventually he lost interest completely and I signed everything. I think you should be able to manage things the way you want to and keep your Mum happy.

 

[sue38]

Liz, it will depend on the type of Power of Attorney.

The old style Enduring Power of Attorney (EPA) can be used without registering it with the Office of the Public Guardian (OPG), but once the donor lacks capacity it must be registered with the OPG at which point the donor will no longer be allowed to manage their financial affairs, sign cheques etc.

A Lasting Power of Attorney cannot be used unless it has been registered with the OPG, and registering it has no effect on whether the donor can continue to manage their affairs.

This guidance on managing bank accounts for 3rd parties may help.

 

[sinkhole]

The access granted also varies between financial institutions . Read all the small print you mum's bank/building society etc. has about POA so you know up front what you and she will be able to do once you register the LPA with them.

 

[Grey Lad]

Thanks to all who have posted on this Thread. I am about to sort out L P A and the information on this Thread has been really helpful.

 

[snowygirl]

Only if you sign a form to say that your loved one has lost capacity will the bank not allow them access to their accounts but you may be able to set up a basic account for them. You can have LPA and still manage the finances alongside your mum if your happy that her mental capacity remains. She will then still be able to sign cheques etc. Our bank asked us how we wanted to proceed and which form we wanted to sign for mum and dad mental capacity or non mental capacity.

 

[Liz57]

Ok, thanks fo rthis. I was panicking for a moment that I'd done the wrong thing!