HELP with Power of Attorney

Biggles

Bella1954 wrote: »

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'.

There certainly will be a legal dept but, more to the point, there will be a department that understands how to deal with PoAs. That's the one you need to talk to.

Basically, ignore what the people in 'the bank' say, just keep reiterating to them that you have a valid PoA and that is all you need. If they don't understand this, keep asking for someone who understands PoAs. If you are persistent, they will get fed up. But you must stick to your guns.

omen666

Bella1954 wrote: »

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!

There is a legal department. For one how would they be a viable company without one producing all manne rof contracts day in day out and secondly and perhaps more relatively I worked in their HQ ( Called NHQ ) in Canary Wharf for 3 years back in 2004 and doubt they have killed off the dept.

Savvy_Sue

apologies, should have said 'welcome to the boards' in my 1st reply.

Bella1954 wrote: »

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.

And to add to the 'bad idea' theme: implications should you need to claim benefits.

any other bank branches convenient?

btw, not relevant to your needs, but I was in the back offices of a bank recently and saw a sign on a door which said 'Catastrophic Dept'. :rotfl:

chesky369

They do indeed have a legal department and you should either get your solicitor to contact them on your behalf to get the matter sorted out (but it will cost you naturally) or go to your local CAB and get their help.

stevepett

Bank staff appear clueless in this area, and a joint account wouldn't help - they would refuse access to that as soon as they felt your mother had lost capacity - probably the next time you tried to do anything and met a different member of staff!

Contact the PR department of the bank with a press release ready to go out and attach a bill from your solicitor for the time spent and complain too!

If memory serves (and I would ask a colleague in the week) you can't register an EPA unless mental capacity is lost.

We had a lady in Sussex whose husband was OK, but went into a nursing home because he was too heavy for her to manage, and the Bank IMMEDIATELY on hearing this froze the joint bank account into which all their income went. No money for food. They refused to accept a General Power of Attorney unless we got an ambulance to take the client to the Bank branch to confirm it, refused to send an official to see them, so the client had to rely on charity for 13 weeks whilst we organised Lasting Powers of Attorney (a day at our end, 13 weeks at the Office of the Public Guardian.

BEWARE JOINT ACCOUNTS!

Bella1954

Thank you so much for advice. Having listened to all the above I am going to try writing to the bank myself. I am certainly not going to go for a joint account. I shall also visit all our local banks to see if any of them employ someone who knows what POA really means. To me it means having the official right to manage my Mum's accounts and why shouldn't that include the internet. It is a shame that banks cannot be more helpful during what is already a stressfull time. If necessary I shall move the account although that is always a difficult process. I like to Press release idea and maybe a letter to Watchdog wouldn't hurt. Looks like I am going to be busy and I will keep you all updated.

alanq

Some firms will allow online account provided that the POA contains no restrictions.

e.g. Coventry Building Society

"How do I open a savings account under a Power of Attorney?

To open or start managing an existing account under a Power of Attorney please contact our Customer Service Centre or visit one of our branches for specific help and advice.
You can open or operate any of our accounts under a Power of Attorney if that power is general, enduring or registered with the Court of Protection or Lasting and contains no restrictions. Where there are restrictions on how the power can be used then only passbook based accounts can be opened or managed under a Power of Attorney."


http://www.coventrybuildingsociety.co.uk/contactus/faqs/faqapplying.aspx#q6

Biggles

Bella1954 wrote: »

I shall also visit all our local banks to see if any of them employ someone who knows what POA really means.

When I was managing my mother's affairs, I found that the majority of banks were able to deal satisfactorily with my EPA, and several allowed me online access. I think there were just two that couldn't do EPAs, and they weren't 'mainstream' banks, though some of the others had some odd restrictions (for example, never, ever, part with your original EPA - it's like gold dust, if they lose it you can never replace it (even though your mother retains her mental capacity, you would need to go through the lengthy procedure of getting her to complete an LPA)).

However, as I posted earlier, you may well find that you have to be persistent to get past the 'first line of defence' to someone who knows what you are talking about.

Errata

I found Natwest to be well clued up, and that was several years ago.

novice-saver

Biggles wrote: »

, never, ever, part with your original EPA - it's like gold dust, if they lose it you can never replace it (even though your mother retains her mental capacity, you would need to go through the lengthy procedure of getting her to complete an LPA)).

The original EPA relating to my mother is in the Solicitor's safe.

If have three "office copies" which are as good as the original from a legal standpoint, and I've had no problems using them (so far).

In the unlikely event of them all being lost (NS&I needed a few phone calls before they let me have the copy back they needed "a look at".) ISTR it would be about £30 for each further copy.