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Old 06.03.2016, 19:59
John_H
 
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Power of attorney -- UK

Any of you have experience of this?

I am POA for my mother, have a certificate from our solicitor and with this can do anything as her, bank etc..

My father in law is POA for his sister but the bank tell him that as well as the cert (from the public guardian office scotland) they need a letter from the sister to authorise its use.. before they will discuss sisters accounts.

Father in law doesn't like to deal with 'official stuff' .. I've googled around for a template letter that his sister could just sign but not much luck.. Personally i think he should call BS at the bank and tell them to call the solicitor, he has the legal certificate.. But he doesn;t like confrontation.

Any experience UK people?
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Old 06.03.2016, 20:07
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Re: Power of attorney -- UK

Is it a normal POA, or only active when the person is incapacitated? If it's the latter I would get the solicitor who advised & witnessed the POA to speak to the bank directly.
I actually asked the solicitor to make the decision that the POA should be enacted.

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Any of you have experience of this?

I am POA for my mother, have a certificate from our solicitor and with this can do anything as her, bank etc..

My father in law is POA for his sister but the bank tell him that as well as the cert (from the public guardian office scotland) they need a letter from the sister to authorise its use.. before they will discuss sisters accounts.

Father in law doesn't like to deal with 'official stuff' .. I've googled around for a template letter that his sister could just sign but not much luck.. Personally i think he should call BS at the bank and tell them to call the solicitor, he has the legal certificate.. But he doesn;t like confrontation.

Any experience UK people?
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  #3  
Old 06.03.2016, 20:09
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Re: Power of attorney -- UK

It depends which level of 'power of attorney' the person has...

http://www.publicguardian-scotland.g...er-of-attorney

It may be a difference in the sort of power of attorney that has been granted, and what rights have been included, depending on the country definitely (Scotland may handle this differently to other countries in the UK)... You can have a power of attorney that only covers specific things, from the present to the future, or only where the person has been declared incapable of managing their own affairs.

If the sister is capable of managing her own things, but wants her brother to help, then she could give him signatory rights to the bank account, but then she risks having him take the money - if he takes the money there will be no proof of whether it is without her consent, if she has allowed him access.

I can't see why he needs to see her bank info via the bank, unless the sister is unable to give him her bank statements. She can speak to the bank to authorise him, or she can take out money to give to him to do whatever she wants him to do...

So the question is whether the sister can manage, or cannot, and if she cannot, then he needs some legal process to say that she is no longer able to manage her finances or life choices. Not just the 'power of attorney' document...

I think that makes sense ???

Maybe it is the case that the bank needs written instructions from the sister, plus the power of attorney document, to proceed with any action with the bank account.
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Old 06.03.2016, 20:16
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Re: Power of attorney -- UK

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It depends which level of 'power of attorney' the person has...

http://www.publicguardian-scotland.g...er-of-attorney

It may be a difference in the sort of power of attorney that has been granted, and what rights have been included, depending on the country definitely (Scotland may handle this differently to other countries in the UK)... You can have a power of attorney that only covers specific things, from the present to the future, or only where the person has been declared incapable of managing their own affairs.

If the sister is capable of managing her own things, but wants her brother to help, then she could give him signatory rights to the bank account, but then she risks having him take the money - if he takes the money there will be no proof of whether it is without her consent, if she has allowed him access.

I can't see why he needs to see her bank info via the bank, unless the sister is unable to give him her bank statements. She can speak to the bank to authorise him, or she can take out money to give to him to do whatever she wants him to do...

So the question is whether the sister can manage, or cannot, and if she cannot, then he needs some legal process to say that she is no longer able to manage her finances or life choices. Not just the 'power of attorney' document...

I think that makes sense ???

Maybe it is the case that the bank needs written instructions from the sister, plus the power of attorney document, to proceed with any action with the bank account.
The UK separates Financial & Medical matters now, Old POA's covered both & are still valid.
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Old 06.03.2016, 22:49
John_H
 
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Re: Power of attorney -- UK

Like FMF says .. There are 2 types in Scotland, continuing and welfare.

Continuing covers things like the bank, utility companies, general stuff.. Welfare covers medical decisions.

There's no fine grain control like you may pay an electricity bill but you may not get a bank statement. However a few things can be further controlled, for example my mother has dementia, either me or my brother can deal fully in her financial affairs but both of us must agree on medical affairs.

Anyways in the case of the father in law, his sister is fully mentally capable but she just doesn't leave the house anymore and he does many things for her, he already does the bank etc via her giving him PIN numbers and so on so that he can get her shopping.

So again my confusion is what the bank possibly needs, you either have POA or you don't and if you do you have a certificate from the solicitor.

I think he'll need to bite the bullet and get the bank to talk to the solicitor. He's concerned that she has far too much cash sitting in the current account, with the pin number written on the card so he wants to move things around a bit
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Old 06.03.2016, 22:53
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Re: Power of attorney -- UK

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Anyways in the case of the father in law, his sister is fully mentally capable but she just doesn't leave the house anymore and he does many things for her, he already does the bank etc via her giving him PIN numbers and so on so that he can get her shopping.
This is actually very foolish. If she wants to have him manage her finances, then she should set up a bank transfer so that the money for these things is moved to his bank account directly, then he keeps some sort of record of the expenses, or she sets him up with a special bank account specific for this purpose.

Giving someone else your PIN is just crazy. Like giving someone your cheque book and telling them they can sign your signature.

If he is concerned that the PIN is written on the card, she should perhaps change to not banking at all in this way... If he does actually have a legal power of attorney then he should not need her card/pin, there should be another way to set things up so that it's very clear...
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Old 06.03.2016, 23:08
John_H
 
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Re: Power of attorney -- UK

You know this and I know this, she's 86 and has no clue how much money she has, he's 76 and wants an easy time and doesn't like dealing with officialdom.

She wants to sits and watch Jeremy Kyle and have her shopping delivered which is why she signed over POA.. It's all official but neither are very clued up on the workings of it.

Hey ho.


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This is actually very foolish. If she wants to have him manage her finances, then she should set up a bank transfer so that the money for these things is moved to his bank account directly, then he keeps some sort of record of the expenses, or she sets him up with a special bank account specific for this purpose.

Giving someone else your PIN is just crazy. Like giving someone your cheque book and telling them they can sign your signature.

If he is concerned that the PIN is written on the card, she should perhaps change to not banking at all in this way... If he does actually have a legal power of attorney then he should not need her card/pin, there should be another way to set things up so that it's very clear...
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