Hi there,
I am new to posting on the forum but have been looking around for a while!
I am mums carer. I have been going to get around to registering Power of Attorney with her bank for ages and have tried to look online, but cant see anywhere whether she must come to the bank with me to register Power of Attorney? She finds things like this very stressful.
Does anyone know the answer to this?
Thanks in advance for any help
Just to make sure:
Usually registering a power of attorney, created via an Lasting or Enduring Power of Attorney, is done with the Court of Protection.
Registering an LPA or EPA means it is activated, as it were, and this allows the Court to grant the attorneys their authority.
If you have already done this, and wish to
use the power of attorney at the bank - in other words, you as attorney take over the running of your mother's accounts at that bank.
If it is the latter it need not involve your mother at all. All you need to do is to go to the bank and provide the necessary documents. This would normally be:
Identification - this is usually the same as that required as a person being a new customer, or opening a new account. How strict the requirement are varies from one bank to another and also whether you are an existing customer of theirs. However, it should not be more than a proof of name and address. The former means photo-ID and thus a passport, driver's license; the latter can be satisfied with something like a utility bill. Banks are required to have alternative procedures in place for persons who don't have a passport or driving license; they became shall we say over zealous in the matter and the FSA issued guidance . If you don't have photo ID then they may require three forms of identification, not two. Anything from a government department like the DWP is normally good, particularly if it quotes your NI number.
Proof of authority as attorney - this will be the certificate issued by the Court of Protection, or a certified copy of it. If you are going in person it is safe to use the original, but DON'T let them keep it or send it away. The most they should do is photocopy it.
Unfortunately not all bank branches are familiar with their duties towards people with POA. If they are difficult ask to speak to a manager.
So long as you have the proofs noted above, a bank CANNOT refuse an attorney. With a registered POA, you have a legally enforcible right to manage your mum's accounts.
The bank should simply mark you as an attorney, and give you complete access to the accounts as such. They do not become joint accounts.
Because an LPA can be registered whilst the donor (which would be your mum) still has "mental competence" then using it at the bank should NOT automatically mean your mum's access is removed. LPA's can for example be used if someone is physically unable to operate their account (at say a branch). If they want to remove your mum's access then you could challenge them on that. Banks have an obligation to remove access or freeze accounts for holders they believe are no longer able to responsibly operate said accounts.
I echo the sentiment above. I found Santander by far the most difficult bank to deal with personally, for any reason - they have hugely overstrict rules (and managed to lose impoirtant documents for my accounts - twice!). I have neve rhad any issued with NatWest; also Halifax and Nationwide are very good, espescially Halifax!