HELP with Power of Attorney

Bella1954

I am desperate! I control my disabled mothers finances through HSBC internet banking. Set up about 4 years ago with my POA. She cant write or speak very well and is in an expensive care home. I use the internet nearly every day to check her money and juggle to pay bills. She has also been targetted by lottery scams so I have to keep a close eye on things.
This weekend I was locked out of the accounts and after two very long unsatisfactory calls to different parts of the world, was asked to go into my branch.
The branch told me my enduring POA was no longer fit for purpose and I need a Court of Protection Order via a solicitor. This would apparently would cost at least £500 and take some time to organise.
The bank don't seem that clued up on it all but are sticking to their guns. If anyone knows if other banks are the same - do tell me as I would gladly change banks to get easy access. My HSBC branch is tiny and I could spend my whole life in there doing things manually.

Savvy_Sue

just wondering, were you using the PoA unregistered? if your mum no longer has capacity then I think it is time to register it.

however my first call would be to the CofP to see what they say: I thought the old PoA were still good to use and register.

final q: are you in Scotland? things may be different there.

alanq

December's Which reported that banks and building societies were clueless. You don't get the same answer from different people and even when the answers are consistent they are often wrong or at various with the bank's own policies.

Perhaps this will help?
http://www.bba.org.uk/download/6161

Bella1954

Thanks for replies. Its enduring POA - I am not sure if it is 'registered' but will check with solicitor. I have just been told by another solicitor that I definately do not need a court of protection as that is only for when people are mentally incapable and my Mum is OK in that dept! The problem is getting the bank to agree. I have been told to speak to HSBC legal dept so here goes - I hope its not in Delhi!

littlemissbossy

I had a nightmare setting up my MIL and FIL POA's, their local branch were totally clueless, they basically said if the document isn't the size of a small phone book then its not a legal one.

Their solicitor eventually had to go into the branch near his office and thank goodness found someone who would listen and help. It took me 6 months from my first communication to actually getting it registered. I know this doesn't really answer your questions but I just wanted to reassure that you are not alone in having problems. Their bank was Lloyds TSB by the way.

Biggles

Enduring PoAs are fine. They do need to be registered as and when the Donor loses 'mental capacity' but, part from that (which your bank would have no knowledge of anyway) they remain valid indefinitely. The Court of Protection is completely irrelevant.

You have (as have most of us in that situation) just encountered a clueless member of the bank's staff. Many of them do tend make it up as they go alaong and you need to keep plugging away, asking to speak to someone who does know what they're doing, or to demand to escalate it up the management chain.

It does come down to having to be a bit pushy, I'm afraid, rather than just doing what they say.

Errata

They do need to be registered as and when the Donor loses 'mental capacity'

They can be registered before that if the donor wishes. For instance, because they no longer want the bother of dealing with their affairs.

Biggles

Errata wrote: »

They can be registered before that if the donor wishes. For instance, because they no longer want the bother of dealing with their affairs.

That's only necessary with Lasting Power of Attorney.

With Enduring Power of Attorney, the Attorney can deal with the Donor's affairs without registration.

Whilst some of the lamer bank staff might be encouraged by the offical registration stamp, it seems that any one of the persons entitled to be notified of the registration can apparently object on the grounds that the Donor is not yet becoming mentally incapable.

Bella1954

Thanks to everyone and their thoughts - I am new to this forum and what a help to have so many knowledgeable people out there!
The bank have insisted on a court of protection order or a registered enduring power of attorney despite me telling them that Mum is mentally able. My solicitor agrees with all of you - neither is necessary and has advised me to go to HSBC legal dept. But my branch tell me I can only lodge a complaint...there is no 'legal dept'. The branch have suggested I become a joint account holder but I must check if this has any legal or tax implications before going down this route. Someone remind me HSBC profits recently... what a joke!

sloughflint

Errata wrote: »

They can be registered before that if the donor wishes.

EPA should only be registered once mental capacity is lost and not before.

Bella1954 wrote: »

The branch have suggested I become a joint account holder but I must check if this has any legal or tax implications !

Bad idea. Potentially unsafe for the donor ( eg if attorney divorces)

Tax implications.

Implications after death.

sloughflint

Bella1954 wrote: »

The bank have insisted on a court of protection order or a registered enduring power of attorney despite me telling them that Mum is mentally able.

Refer them to this:
http://www.publicguardian.gov.uk/decisions/being-attorney-epa.htm

When do I register the EPA?

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. You can do this on form EP2PG available for download in the Office of the Public Guardian forms section of this website.