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Lasting Power of Attorney

  • Mav
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« on 24/01/2013, 07:03 »
On my mother's wishes (she's now 85) I applied to register for Lasting Power of Attorney so that I can help take care of some of her day-to-day financial affairs particular where she can't get out much and has trouble hearing on the phone.

Received the letter confirming that the LPAs (both Financial and Welfare) have been approved with the documentation to send off to the relevant companies.

Now here's where I am struggling a little... For example, her main bank; do I hand the LPA at the branch and they will send it to the right department or should I post and, if so, where? I've checked their website and there's no information about this at all. Ringing is not an option as I don't want to go through the rigmarole of attempting to explain my request to an overseas agent who will probably have no idea as to what I am asking.

Has anyone else had any experience of informing the relevant companies/bodes (banks, DWP, local council, etc) that they have an LPA? Any advice would be greatly appreciated.

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« Reply #1 on 24/01/2013, 07:16 »
From my own experience with the banks (from both sides of the counter so to speak), it should be a straightforward process if you can go into a branch as they need to verify the document. Once verified a copy should be sent to the right department. That said, in the first instant you need to find someone at the branch who understands about Lasting Power of Attorney's and what they give you the authority to do. It is a lot easier if you have an account with the same bank as this allows them to verify you as an individual for sorting out the LPofA. This last bit is even  more relevant when dealing with telephone banking.
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  • Mav
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« Reply #2 on 24/01/2013, 07:25 »
Thanks for the reply.

To be honest the bank, at branch level, had been great in helping me set up a Third Party Mandate Authority a couple of years ago and linking my mum's accounts to mine for online access (I can access my mother's online statements via my own login details which has proved extremely helpful). But that has limitations on what I can do on her behalf.

Having the LPA is quite a responsibility and I want to make it as easy and trouble-free as possible.
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« Reply #3 on 24/01/2013, 09:28 »
Never had to do this sort of thing, but in similar type circumstances, i.e. doubt about which department/person to send stuff to, I would suggest you first speak to the Branch Manager, or Branch Customer service manager.... insist on speaking to the "top man"... and don`t be put off with "Oh I`ll see if I can help you, first...."  . response.        ......  you will probably have to go through everything when that person decides they can`t deal with it...

If you can`t speak directly, face to face, then I would suggest that you write a letter to the Customer Service Manager, ( of whatever service needs to know )..explaining your problem , and asking them to give details of where/who to send information to...  If the reply does not state what info you need to send, then you should contact that department, to ask them what info they need you to send to them...

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« Reply #4 on 24/01/2013, 11:44 »
Looking after my dear old dementia suffering Mum I ended up making sure I can access her bank accounts online.

This simplified matters as she now has great difficulty even signing her name.

The bank was good as to move one account, to get online access, she had to sign a form. They were happy for me to help her in signing the form and were generally very helpful.

By their actions I would assume that they are used to dealing with this sort of thing.

« Last Edit: 24/01/2013, 11:46 by billnotben »

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« Reply #5 on 24/01/2013, 14:27 »
I think the important thing here is to go to the bank as soon as the POA has been produced.

A few years ago my (now late) Aunt asked me to become Enduring Power of Attorney, which I agreed to and we got it done. Foolishly I didnít immediately set up interviews with her bank/b soc to hand the POA over, I just assumed that you prepared these things when you are well to be thrown into action at some point in the future. When, owing to my Aunt becoming seriously ill, I needed to use the POA, the bank refused to accept it as it had been prepared more than (from memory) 2 years before it was issued to them. I even tried the financial ombudsman to no avail. The bank tried their best and allowed money to enter the account and D/Dís to come out
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« Reply #6 on 24/01/2013, 14:38 »
For some reason my late mother had 5 or 6 accounts in various banks and building societies but the sums involved were well below £100 in each case. She thought if any bank went bust she would lose her money which I assured her could never happen, clearly she was wiser than me as years later banks did have to be bailed out.
I Had a power of attorney which I photocopied and took to the bank along with the original document. All the banks/building societies were very helpful apart from one where the manager was asking for an additional letter from the solicitor, had I had the time I would have taken the matter further but as I was working, dealing with the sale of my mothers house, visiting her in a rest home plus a thousand and one other things it was easier to get the letter, something the solicitor had never been asked for before. Looking back I think the manager was just being b****y awkward.
 
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« Reply #7 on 24/01/2013, 15:12 »
I had to do this with Halifax. As I recall they had a dedicated central helpdesk, who quickly found the right person to deal with at MY local branch (not my mother's, fortunately) and arranged the initial appointment. They took and certified copies of the LPA.

I think most banks handle LPAs (and Executorship matters) centrally, but have trained staff in many branches for face to face meetings. The people I dealt with at Halifax and HSBC were very efficient
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  • Mav
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« Reply #8 on 24/01/2013, 16:35 »
All the banks/building societies were very helpful apart from one where the manager was asking for an additional letter from the solicitor,
They'd be hard pushed with me as I didn't use a solicitor. I found the forms to be reasonably straight-forward if a little long-winded but the guidance and example files were excellent and it probably saved my mother in the region of £400+.

I think the important thing here is to go to the bank as soon as the POA has been produced.
The LPA should be registered with the Office Of Public Guardian within a reasonable time once signed by everyone or it may be rejected. But once the LPA has been registered there is no requirement to send it to any company until it is necessary to use it whether within a few weeks or years later. Obviously the earlier the company knows about the attorney(s) the quicker it will be to make use of it when necessary.

They took and certified copies of the LPA.
It would be a lot easier where the banks, etc can make their own certified copies otherwise my mother will have to certify and sign every page (11 of them) of each the LPA. If she needs to certify 10 or even more that's a lot of signing to do  Shocked

Appreciate the answers and, hopefully, I can reach the right people within each company involved easily.
Courage is resistance to fear, mastery of fear, not absence of fear - Mark Twain
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« Reply #9 on 24/01/2013, 18:25 »
Under no circumstances send or allow some else to send off the original LPA anywhere.

Where a financial institution has branches it should be possible to take the LPA into a branch and allow them to make a photocopy there and then. That copy will then have to be sent off to a central office for approval when opening new accounts or gaining access to existing ones.

When there are no branches it may be necessary to send off a certified copy. That can be replaced albeit at a price. It may not be possible to replace the original if the donor is no longer competent.
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« Reply #10 on 24/01/2013, 19:11 »
Under no circumstances send or allow some else to send off the original LPA anywhere.

When there are no branches it may be necessary to send off a certified copy. That can be replaced albeit at a price. It may not be possible to replace the original if the donor is no longer competent.

LPA's are not uncommon now, all financial institutions will accept a certified copy.

All banks have somebody who will do this for you but since the 1st Jan the FSA have changed the way financial institutions finance these transactions and there will probally be a charge.

Everybody knows someone that knows a financial adviser and they have the power to certify them probally for free as I do.

Do not let the original copy out of your sight as this is irreplaceable.


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  • Mav
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« Reply #11 on 24/01/2013, 19:32 »
Do not let the original copy out of your sight as this is irreplaceable.

From the accompanying letter to the LPA:
Quote
The OPG can make office copies at a cost of £35 per copy but only if the original registered LPA has been lost or in other exceptional circumstances.
So it appears all would not be lost but I agree that it should not really be let out of one's sight.
Courage is resistance to fear, mastery of fear, not absence of fear - Mark Twain
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« Reply #12 on 25/01/2013, 06:48 »
About 6 weeks down the line setting up 2 joint financial LPA for my father and mother using a solicitor.  The solicitor advice is only to use them when needed and they will issue copies to me/us. Speaking to a friend 4 weeks ago they had a problem with the bank accepting a copy of a LPA and wanted to see the original, their copy was issued to them by their solicitor and they were unaware that it was a copy.
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« Reply #13 on 25/01/2013, 09:05 »
Our experience of the whole process is not good.
My wife (an only child) set up an old-style POA in relation to her father years ago, all seems fairly OK with that though she hasn't really had to use it yet under any pressure.

BUT she hadn't done anything (for a whole load of at-the-time seemingly sensible reasons) in relation to her mother.
Who then became very frail and incapable of doing anything for herself. And my Father-in-law was not really up to dealing with the issues so it landed on my wife.

It took over a year to get it all set up; I won't bore you with all the things (beyond my wife's control or influence) that went wrong.
Meanwhile her mother deteriorated so far that her father couldn't care for her at home and she had to go into a home with 24hr nursing care.
She was in there for just over a year and died a few days after the LPA finally came through.
It was completely useless, totally unused, and cost a small fortune in fees.  Cry

And now my wife is having to go through probate at the insistence of one particularly arrogant financial institution for a relatively small investment solely in her mothers name.
She didn't have much, and many were joint so not a problem.
Most institutions for smaller sums have the power to release funds on seeing the will and an undertaking/guarantee signed by the executors.
All (there were only a handful) have done this except one, and it's far from being the largest sum either.  Angry

Banks eh!  

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« Reply #14 on 28/01/2013, 11:15 »
You'll need to hand the original LPA to the Bank, they will copy it and endorse the copy as being a true photocopy and give you the original back. You'll need to take id in the form of a photograph (passport say) and a couple of others (driving license, Council Tax bil etc)., together with the forms for applying for LPA that the Bank provides. It'll take about two weeks for any arrangements you have requested to be completed.

If there's not a Bank nearby you'll have to get the original copied and endorsed by a Solicitor and send the endorsed copy off with the relevant forms that the Bank will send you.

« Last Edit: 28/01/2013, 11:17 by nozzer »

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« Reply #15 on 28/01/2013, 13:14 »
From the accompanying letter to the LPA:
Quote
The OPG can make office copies at a cost of £35 per copy but only if the original registered LPA has been lost or in other exceptional circumstances.

I got 3 free Office Copies with the LPA from the OPG before the rules changed. However, I am not sure that an Office Copy is equivalent to a certified copy as it does not bear the same wording. As others have said it can sometimes be difficult getting a certified copy accepted so I wouldn't like to try using an Office Copy. Has anyone here had experience using Office Copies?
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