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Banks illegally requiring donor's signature to use Enduring Power of Attorney? Help!
Comments
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"You must only apply to register the EPA when you believe that the Donor is becoming or has become mentally incapable of handling their own affairs"So, it's possible to register an EPA when the subject has not met the conditions for registration?
So it is possible, but only by lying and risking that, during the registration process, either the donor or one of the relatives that are required to be notified points out that she isn't becoming mentally incapable.
Santander's staff are clearly getting confused with the LPA and it should only need pointing out, if necessary to head office (who may have a Department for it), that this is an EPA, for which the rules are different and the quoted guideline is irrelevant and contradictory.0 -
Sorry Biggles, I know that. My comment was a bit of sarcasm at the previous poster who was trying to confuse the issue by attacking the OP."So it is possible, but only by lying and risking that, during the registration process, either the donor or one of the relatives that are required to be notified points out that she isn't becoming mentally incapable.0 -
Thanks for your comments, everyone - this EPA/LPA business causes so much confusion, and just at the point when people are having an upsetting time with family illness. We're confused, the banks are confused...
I just found some Yorkshire Building Society documents about a bond of my mum's and the paper trail just stops dead in 2008 - I can't tell whether the bond was rolled forward into a new one or was cashed out. I phoned to ask YBS and they refused to tell me over the phone whether my mum even had an account with them, for data protection reasons - the only way to find out is to go into a branch with full EPA & ID paraphenalia, or mail the EPA and my precious ID (goodbye forever, passport!) to their head office. I'm not prepared to lose my passport so will have to do the two-hour round trip to the branch. There must be easier ways of dealing with all this!0 -
I have every sympathy ... but YBS are quite correct to ask for full identity. They are, after all agreeing to deal with you after you prove who you are, but good old Abbey don't give a toss.0
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We have had a nightmare with Santander trying to register EPA on my fathers account. He has Dementia and they still tried to insist he signed! They eventually agreed that he did not have to sign after many hours sitting in the branch. That was FOUR weeks ago and the POA is still not registered on the account. When we complained they said the POA Dept was very busy. We keep phoning but are still waiting............ and cannot access the funds until the registration is complete. They really are the most frustrating company to deal with and the 'Personal Banker' who dealt with us did not have a clue. We want to move the money from Santander to Dads account with Nationwide. They registered the POA within the branch in 15 mins!0
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Hi madcatwoman - sorry to hear about your troubles with Santander. I am also intending to move my mum's money out of their bank as soon as they're registered the POA. I've heard such bad things in the press about how they treat customers and in my only contact with them, they've just made things difficult for no reason. To keep you waiting four weeks is appalling. Basically, I'll also be thinking very hard about keeping Mum's money in any other banks that make life difficult for us at this stage. If they can't train their staff to deal with this situation properly, it doesn't give me faith in whatever else I'll need to do with them!0
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I have every sympathy ... but YBS are quite correct to ask for full identity. They are, after all agreeing to deal with you after you prove who you are, but good old Abbey don't give a toss.
Yes, that's true that they are in the right to ask for ID, I was sounding off a bit there - but it's a pity that these banks can't let you just prove your ID at one local, handy institution and have it apply to them all or something. My mum has a/cs with six different banks and I'm having to schlepp round them all; none are local to me. It's turning into a full time job!0 -
I have to say i was impressed with the way in which Nationwide dealt with registering the POA. They were sympathetic and sensitive to the issues. My Dad has dementia and it was a difficult thing to do, felt like we were prying into his affairs. He was always a very private and proud man and Santander made us feel as if we were trying to steal his money! They were very suspicious, questioned the legality of the certified copy and made us feel awful. We spent two and a half hours in the branch the first appointment, and all they did was photocopy the ID and POA and fax it to head office. I will be closing all my dads accounts with them as soon as POA is registered because they just make a diffucult situation worse. Good luck with sorting our your mums affairs.cashferret wrote: »Hi madcatwoman - sorry to hear about your troubles with Santander. I am also intending to move my mum's money out of their bank as soon as they're registered the POA. I've heard such bad things in the press about how they treat customers and in my only contact with them, they've just made things difficult for no reason. To keep you waiting four weeks is appalling. Basically, I'll also be thinking very hard about keeping Mum's money in any other banks that make life difficult for us at this stage. If they can't train their staff to deal with this situation properly, it doesn't give me faith in whatever else I'll need to do with them!0 -
madcatwoman wrote: »We have had a nightmare with Santander trying to register EPA on my fathers account. He has Dementia and they still tried to insist he signed! They eventually agreed that he did not have to sign after many hours sitting in the branch. That was FOUR weeks ago and the POA is still not registered on the account. When we complained they said the POA Dept was very busy. We keep phoning but are still waiting............ and cannot access the funds until the registration is complete. They really are the most frustrating company to deal with and the 'Personal Banker' who dealt with us did not have a clue. We want to move the money from Santander to Dads account with Nationwide. They registered the POA within the branch in 15 mins!
It could well be registered - they don't bother telling either you or the branch when it is, and if the branch is not clued up actually to check you'll never know.0
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