Who can set up a Direct Debit

Norz

I have been mum's carer and Power of Attorney for twenty years now, despite coming from a largish family I have had no help at all, nothing, nadda, zippo from any of my family. However recently mum has become more seriously ill and is undoubtedly in the latter stages of her life. Sorry this is long winded. She is confused and can be easily confused by others.

So far as this thread is concerned my sibling has asked my mum for her bank account details so they can set up direct debits for her. They are not the secondary account holder on Mum's account, I am and have been for a decade. As soon as mum's prognosis has become far more serious they have asked for my secondary account to be handed to them and persuaded mum this is a good idea just to give them the card that has been in my name for mum's account for years.

Just for the record, there is no dispute that I have protected mum's money for all of this time and done a fine damned job, getting money back from the unscrupulous who have tried to fleece her. I have never taken a penny out of any of the accounts for my use and my family know I have protected mums assets for years.

My sibling also wants power of attorney but she lives an hour and a half drive away, I am on hand. I asked if they were going to take a share of the caring that needs to done, they said no, I said no to power of attorney and looked like the bad guy. My question is can they set up direct debits in mum's name using her account without having either power of attorney or being the secondary account holder.

My mum is now too confused to give anyone else power of attorney though it has been requested. It is my opinion, but I don't know that if this happens it is against the banks terms and conditions, and it would compromise the security on mum's account if anyone did fleece her, if she were to be giving permission to non POA and non secondary account holders even if they were children.

Please help and advise me, I need to make sure the little mum has she keeps.

[Deleted User]

Hi there, sorry if this isnt much help but most direct debits are now set up via AUDDIS which is a kind of electronic contract, it would be pretty easy to set up a direct debit on anyones account using only their name, sort code and account number. Not sure how it works with your mums bank but it is possible to set up a function on the account so that your mum would be notified if anyone tried to set up a d/d on the account.

whitewing

I would get internet access to the accounts if you can. Then check them daily. If someone does get a new direct debit set up then you can cancel it before it is claimed.

Perhaps your siblings meant they wanted to set up a regular standing order into your mum's account so that all her needs can be provided for at their expense!

Mikeyorks

Norz wrote: »

so they can set up direct debits for her. .

Direct debits can only be set up in favour of organisations who belong to the DD scheme. So typically that is the utility companies (Gas / elec / water / telephone), insurance companies etc. So what bills does she need to pay that would require fresh DDs setting up?

Some Bank savings accounts use DDs to draw money in to them. But the savings account would need to be in the same name as the current account.

If you have online access - keep a check on the Direct debit mandates that exist on the account - and ensure they're not added to?

Norz

Thanks everyone it is all very helpful. I wonder if there is a Power of Attorney Section or section that deals with people who have financial or partial responsibilty via Power of Attorney for another person because now I need to action it, it is becoming very difficult when you don't understand how far your powers extend and how much you can protect the person you have power of attorney for.

alanq

Are we discussing an Enduring Power Of Attorney or just an instruction to Mum's bank to allow you to act on her behalf? If an EPA and Mum now lacks capacity has this been registered?

Norz

alanq wrote: »

Are we discussing an Enduring Power Of Attorney or just an instruction to Mum's bank to allow you to act on her behalf? If an EPA and Mum now lacks capacity has this been registered?

It is EPA and she is starting to lack capacity, she can carry on conversations and wants control of her day to day stuff but also gets extremely confused and is extremely vulnerable.

Does registering Power of Attorney mean that she loses all control over her finances? Can you register when they are going towards lacking capacity, in that at times she completely lacks capacity and others she doesn't if that makes sense or do you need to wait until she completely lacks capacity.

Although I have had POA for years now I have only used it to help her, sort out business with banks, major purchases, manage bills when she's been ill etc. Her health has deteriorated its time to review what I need to do to protect her.

alanq

If Mum is judged to still have capacity then she can arrange a new POA appointing whoever she wishes.

If not, then it is not possible to make a new POA. It would be up to the Court Of Protection to appoint one or more deputies.

Only the Donor or an attorney/deputy (+certain officials?) can legitimately instruct Mum's bank.

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

agrinnall

I think you should seek advice from the Office of the Public Guardian, who administer EPAs and supervise deputies.

http://www.justice.gov.uk/about/opg

thenudeone

Norz wrote: »

My question is can they set up direct debits in mum's name using her account without having either power of attorney or being the secondary account holder.

Legally - definately not.

Technically / practically - yes (all you need are the account details) - as Jeremy Clarkson found out to his cost http://news.bbc.co.uk/1/hi/7174760.stm

If you see a direct debit payment you didn't authorise - get the bank to reverse it.

Norz

Thanks again her capacity is questionable as at times she has it at others she doesn't. Her confusion is a matter of medical record and easily verifiable. I realise she can appoint another attorney as I will not apply to have her deemed as not having capacity while she still has more than not.

Amazing how people want a say when they've done nothing for years but that's a whole new discussion. Thanks again.