Yet another LPA query folks!

[min88cat]

Well it has been decided that my Aunt has the capacity to make an LPA and the wheels are in (slow) motion to get this underway so my Uncle can access her account to pay the NH bills. My uncle, myself and my Aunt's cousin are going to be joint and several attorneys. Despite us explaining that my Aunt is unable to sign her name due to her stroke, the solicitor duly forgot this, so things are delayed further until she can get her boss along to witness everything, together with 2 staff from the care home.

Now , my question is, the LPA will be registered, but my Aunt still has capacity, but she is bed bound and unable to sign anything. So when my uncle takes the necessary paperwork along to prove the LPA, will the bank give him a card to,access the money, or will he become a signatory on the account.
Sorry for the long winded post!

 

[nitram]

Unless the LPA says otherwise when registered it can be used whether or not the donor has capacity but banks have enough trouble understanding LPAs without that added complication.

If it's likely that your Aunt will lose capacity and she does not need to do any transactions herself, eg by phone, it may be better to just let the bank think she has lost capacity and act as normal.

All banks are different. I split a joint account with Halifax and because of their stupidity over LPA and internet access moved my wife's account to LLoyds who went through current account, savings account and debit card and allowed me to state whether I was to have sole access or whether she could also have access, at the time she was assessed by her consultant as 'not being fully capable to manage her financial affairs'.

You could make an appointment at the bank and ask what they would do. If you do this stress that your Aunt has capacity and the only problem is the signature but that you would like the LPA to be used rather than a third party mandate so that if in the future she becomes incapable they have the LPA ready registered against her account.

 

[min88cat]

Thanks Nitram! As usual a wonderfully concise and knowledgable response from you. It's much appreciated