Banks make being a power of attorney arduous
When it comes to helping you take on the affairs of your loved ones, banks need to get their acts together. Since, at the moment, they’re making it far too laborious to be someone’s power of attorney.
Three hundred and seventy five pounds. That’s how much it has cost the banks so far for the appalling way they’ve treated me over the last year, as I’ve tried to manage someone else’s affairs using a Lasting Power of Attorney (LPA).
And that doesn’t include the cost (to the banks) of the three complaints I’ve so far had to make to the Financial Ombudsman Service.
While the money goes some way to compensate me for the stress and inconvenience of having to tackle bank staff who don’t know how to deal with an LPA, I would much rather they got their act together and dealt with me properly in the first place. And my experience isn’t isolated.
Attorneys made to jump barriers
Our research shows that even where financial institutions have procedures in place, the advice that staff give out about this is often confused and misleading.
Not only that, but all too often financial institutions put unnecessary restrictions on how an attorney can access an account. In my case, for example, one bank will only let me operate the account as an attorney online or over the phone – not both.
But the bank didn’t make this clear, so when I phoned to make a query, my access to the bank was frozen altogether. For weeks no-one was able to tell me why I couldn’t access the account, and it took an official complaint and several visits to several branches to get it resolved.
Why are attorneys treated unfairly?
With an aging population, more and more of us will be making someone else a Lasting Power of Attorney, so it’s imperative that there are systems and procedures in place that allow them to be used effectively.
Clearly, financial institutions have a responsibility to protect their customers, but there’s no reason why this shouldn’t be compatible with also treating their attorneys fairly.
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andy h
I think you should report your sister to the OPG for failing to fulfil her legal duties as an attorney. Under an LPA and the Mental Capacity Act Code of Practice, attorneys have a duty to act in the best interests of the Donor and from what you say that she hasn’t done that. My solicitor told me the OPG and the Court of Protection are there to protect the Donor’s interests, not the attorneys, so make sure you emphasise that she is failing in her duties to your mother and that you therefore believe it would be in your mother’s best interests that she should be suspended or disqualified as an attorney. Don’t complain about how difficult and unpleasant she’s made things for you personally – they won’t be interested. Say only that she’s made it impossible for you to fulfil your own LPA duties to your mother. The worst that can happen is that they will tell you to put up with things as they are. You’ll be no worse off than you are now But your sister won’t be suspended just on your say-so. They’ll probably refer the matter to the Court of Protection who will want her version of events, so expect a load of poisonous lies, the same as I’ve had for the past 2 years.
I’m so fed up of my brother’s troublemaking, I’m in the process of asking the Court of Protection to revoke Mum’s PoA and appoint a Deputy to run her affairs. There are fees involved, but they’d come out of Mum’s funds. My solicitor has no idea how the court will react as she has never been involved in a case like this and I expect the process will take months.
Alternatively, it might be worth your while writing to the COP direct asking them what the procedure is for reporting an attorney for failing in her duties. That might be the quicker route for you. Be prepared to complete a COP24 Witness Statement and to send as much supporting documentary evidence as you can get your hands on. If you get that far, don’t forget to report that your sister is running a joint account with your mother’s money – under the MCA Code attorneys are required to keep their money seperate from the donor’s.
In the short term, try opening a PoA account with another bank in your mother’s name, using the LPA as your authority. Then at least you can transfer the PO money in and start paying her bills out of that. If you can demonstrate that you had no choice but to pay some of your mum’s money into your own account but that you have taken steps to open a seperate account, it will be harder for the OPG or the COP to criticise you.
This is all draining, demoralising and time-consuming, especially as we all have a living to earn and a life to live. Several times I’ve felt like chucking in the towel, but I couldn’t do that and from what you say, you can’t either. Keep going! It will all come right if you’re determined enough.
Troy
Actually, Andy, she isn’t an attorney, I’m the sole attorney. Sorry if I misled you there.
I applied because she no longer wanted anything to do with Mum’s affairs and stopped paying her care home bills and utility bills back in November, stating Mum had run out of money. That wasn’t true, but Mum’s pension was building up in her post office card account and not much was going into her bank accounts, therefore she wasn’t generating much interest. There was, however, enough to cover an overdue care home bill and a phone bill in one of her accounts so I had to drive up to Liverpool on a weekday taking time off work so I could take her to the bank to get the payment settled.
Plus, because I was led to understand that my sister was only a 3rd party signatory, I’d read somewhere that banks can freeze accounts if they think too much is being withdrawn by signatories. I had to do something, and financial LPA was the only thing Mum would let me have (medical, no, she denies she’s ill!)
I did think about trying to open a new bank account in Mum’s name and will ask my own bank if this could be done. Then as you say I can put her pension funds in there instead.
As for reporting my sister to OPG I’m wondering if I could still do that even if she isn’t an attorney if she stops me from accessing Mum’s accounts. I could cite her from preventing me from discharging my duty, only hopefully it won’t come to that. I’m hoping she’ll just sign it and send it back because, as my husband points out, she’ll do anything to duck out of it and he thinks I’m worrying unduly early. He’s probably right, but still I can’t help it…
Troy
Just found this on the Alzheimer’s Society forum which may answer my question with regard to her pension, if the rule still applies, the thread is a couple of years old…
http://forum.alzheimers.org.uk/showthread.php?30453-Appointee-opening-an-account-in-my-mums-name/page2
so with any luck there should be no objections about her pension, anyway. The links are useful to have as ammo in case there are any queries.
andy h
If she’s not an attorney, I don’t know what the situation is with the OPG or the COP. I wouldn’t have thought they’d be happy about a non-attorney having any control over her finacial affairs. Maybe the best thing would be to write to both bodies and ask, though they might not give you a definitive answer. They’ll give you advice on procedural matters but they won’t give you an answer on legal questions, just tell you to consult a solicitor who, unless they specialise in family law and have experience with PoA matters and with dealing with the OPG/COP, will know less than you do. They won’t admit that unless you ask some searching questions, which you’re entitled to do. Don’t be intimidated by lawyers. You’re paying their fat fees. If they’re evasive, go elsewhere.
Troy
You could be right, Andy. It’s a minefield, isn’t it?
Yesterday I wrote a shed load of letters to the pensions people and to the council about Mum and do you know what, I feel so much better for it! I would advise anyone not to bother with customer services helplines and muppets at the other end of the phone who are clueless, just put it in a letter! It’s great Off-Your-Chest therapy!