Registering POA with bank (Scotland).

[T4lfr]

I have a POA in place for my wife all signed and returned to us etc. The advice on next steps was to register with bank and doctor.

I started the process of registering with the bank (RBS) on our joint account. It was in online form, seemed easy enough. But they are asking for a letter from a medical practitioner stating that my wife is no longer medically capable.

I thought it was just a case of registering it and be done.

I am paranoid about it all as I am essentially making the decisions about what her money is spent on, which isn’t anything other than contributing to the household bills or stuff for her or coffees / food when she (we) are out for example.

Does the letter from a medical practitioner request from RBS seem ok? (I guess it is).

 

[jugglingmum]

It depends on the wording of the poa.

As you are in Scotland I presume you used a solicitor to draw up the poa. Things might have changed but when MILs was done there was no standard wording available and the solicitor wrote a bespoke wording. You need to check what it says. If it can only be used when your wife has lost capacity then you'll need to get a letter confirming this. If it can be used without loss of capacity then you don't need the latter, but will need to explain to the bank.

 

[Kevinl]

Hello and welcome. No idea about rule north it the border, but I know several things work differently.
That said due diligence may require the bank to ask for proof you're allowed to act on her behalf, I dodged the issue by not telling the bank, none of their business and all our accounts were joint and I had no intention of ripping my wife off.
Only time I did tell them was when I went in with her death certificate, joint accounts all goes to the survivor, so job done.
K

 

[Kevinl]

Just love listing capacity jugglingmum, my wife could list for Britain. K

 

[jugglingmum]

Just love listing capacity jugglingmum, my wife could list for Britain. K

Thanks I've edited now

 

[T4lfr]

Hello and welcome. No idea about rule north it the border, but I know several things work differently.
That said due diligence may require the bank to ask for proof you're allowed to act on her behalf, I dodged the issue by not telling the bank, none of their business and all our accounts were joint and I had no intention of ripping my wife off.
Only time I did tell them was when I went in with her death certificate, joint accounts all goes to the survivor, so job done.
K

Thanks. I agree with this approach. I’m hardly in the game of ripping mine off, but I’m paranoid that if we were to need a care home in the future it will all be questioned. Maybe thinking too much into it.

Our accounts are joint also.

 

[T4lfr]

It depends on the wording of the poa.

As you are in Scotland I presume you used a solicitor to draw up the poa. Things might have changed but when MILs was done there was no standard wording available and the solicitor wrote a bespoke wording. You need to check what it says. If it can only be used when your wife has lost capacity then you'll need to get a letter confirming this. If it can be used without loss of capacity then you don't need the latter, but will need to explain to the bank.

Says the below. Which is what the bank pointed out to me.

2.2 My Attorney may manage my whole affairs as my Attorney thinks fit and shall have full power for me and in my name or their own name as my Attorney to do everything regarding my estate which I could do myself and that without limitation by reason of anything contained in this power of attorney or otherwise.

In the event of my being incapable in terms of the Act in relation to decisions about my personal welfare, or in the event that my Attorneys reasonably believe that that is the case, then my Attorneys may make decisions on my behalf in relation to my personal welfare. I have considered how my incapacity will be determined.

My Continuing Attorneys may act on my behalf if 1;

(a)Give them a signed written instruction to do so; or by

(b)The issuing by a medical practitioner and delivery to my Attorneys of a certificate on soul and conscience that I am not capable of looking after my own affairs.

 

[jugglingmum]

I'm not a lawyer but it appears loss of capacity is only required for H & W not legal and financial.

There is potential ambiguity as both paras appear in same clause. You could ask solicitor who drew them up to clarify.

If the bank insist on a capacity certificate your GP may not be prepared to do this and your best route might be finding an independent social worker via Google. You would have to pay GP so paying independent social worker might not be any more expensive.

 

[Caring for 2]

I started the process of registering with the bank (RBS)………….I thought it was just a case of registering it and be done.

After advice from here, we too started the process of registering our POA with the bank (TSB Scotland)yesterday and it was just a case of registering it and be done! There was no mention of a letter from a medical practitioner and we are now awaiting new POA debit cards from the bank. Hope this helps.

 

[T4lfr]

Thanks everyone. Spoke with the firm that did the POA. Simply said some banks do ask for the confirmation that wife doesn’t have capacity.

Think I’ll hang off lodging it with them. Interesting question on whether she is mentally capable or not. She could use her card and pay for stuff. Not independently though I’d say and couldn’t manage finances I’d say. So what is mentally capable!?

 

[Louise7]

Hello @T4lfr I'm not familiar with Scottish Law so don't know how much it varies from the Mental Capacity Act in England but you may find the factsheets below from Alzheimers Scotland and Age UK helpful as they explain the Law/process in Scotland.

https://www.alzscot.org/sites/default/files/2020-09/Dementia and law in Scotland_January 2020.pdf

https://www.ageuk.org.uk/globalasse...hwb-5-a-guide-to-mental-capacity-nov-2022.pdf