Power of Attorney registration with Mum's bank

Discussion in 'Legal and financial issues' started by Leolady63, Oct 3, 2015.

  1. Leolady63

    Leolady63 Registered User

    Jul 15, 2015
    8
    I have had full POA since December 2013 and have dealt with my financial affairs for some years. I hadn't registered the POA with the bank but recently, due to the sale of Mum's house to fund her care in a home, I visited the bank to do this. However, as there is a paragraph included in the POA requiring a GP letter regarding mental incapacity, they cannot give me a card or complete the registration. The worst of this is that the social work department assessed my Mum has lacking capacity back in December last year and I spoke to my solicitor in January about this paragraph when my Mum was entering care permanently and was told I didn't need a letter! Now I am faced with getting the GP who has a contract with the care home, to carry out the assessment, which will be done outwith the practice hours and chargeable and will take several weeks! Mum's GP practice said they would no longer have her on their patient's list when she entered the home although she has been with them for many years and her diagnosis of dementia was as a result of their referral. When I spoke to the solicitor after I'd visited the bank he called back to say I would need a GP letter. I was able to sell my Mum's home without this AND have the money in my bank account! The solicitor who did the POA and sale of the house is the same - I thought this would make things easier. Any advice???
     
  2. sinkhole

    sinkhole Registered User

    Jan 28, 2015
    270
    Hi Leolady63,
    What/where is this paragraph?
    I'm not familiar with such a condition in the Lasting POA document.
     
  3. sue38

    sue38 Registered User

    Mar 6, 2007
    10,854
    Wigan, Lancs
    You can add paragraphs limiting when the POA can be used, but you can run into problems as Leolady has done. The new version of the LPA now has a symbol by certain sections suggesting legal advice is sought before completing that section. At least the paper version does, I'm not sure about the online version. My own view is that if you don't trust your attorney enough not to use the LPA against your wishes when you do have capacity then I wouldn't trust them to act in your best interest when you have lost capacity.

    Unfortunately none of this helps Leolady who it seems did seek legal advice when the LPA was prepared. If the bank are sticking to their guns on this, and they have every right to do so, then I think you have no option but to get the letter.
     
  4. Leolady63

    Leolady63 Registered User

    Jul 15, 2015
    8
    I do have access to her account online - registered her details some years ago as my Mum wanted me to, and payments to the care home are made from her account. I have kept records and mostly used my money and transferred same from Mum's account. Mum gave me her bank card to use as required but now blocked. Bank are right, of course. Just wondered if anyone had come across same situation. The GP even said to me she knew of no POA which included such a paragraph to be included. Solicitor should have advised me to get a GP letter done earlier in the year when I asked.
     
  5. Leolady63

    Leolady63 Registered User

    Jul 15, 2015
    8
    I am in the process of arranging with the care home/GP to get n assessment done and a letter issued. I wish the solicitor had emphasised the paragraph in the POA before registration and then it could have been altered to prevent such problems but I know it is to safeguard my Mum's interests.
     
  6. Leolady63

    Leolady63 Registered User

    Jul 15, 2015
    8
    Further comments

    I think the legal jargon and the fact it wasn't really explained properly to me has caused the problem. You're dealing with so many things; caring for your relative and her diminishing health and a lot of other things that it's easy to miss important items. It'll be sorted.
     

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