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Power of Attorney banking

johndeputy
johndeputy Posts: 1 Newbie
edited 4 July 2012 at 2:16PM in Budgeting & bank accounts
My brother and I live 200 miles apart and have just set up a joint (not joint and severally) Power of Attorney bank account on behalf of our father, after a deputyship order was granted to us by the Court of Protection. We chose one of the big high street banks and are having a nightmare. They will not allow telephone banking, internet banking or debit cards. They will only send a statement to one of us. Any transactions require both of us visiting the branch in person (practically impossible) or by writing letters to the bank signed by both of us. Cheques also have to be signed by both of us, even if we wish to spend a few pounds on toiletaries for our father. Speaking to anyone at the branch is very difficult and call centres say that they can only try and connect us to the branch where the account is held. We leave messages but no one calls back. The bank say that this draconian conduct is because they need to keep close control over what we do. However, our actions are supervised closely by the Office of the Public Guardian, so we cannot understand why the bank has to behave in this way. We are both very busy people and this banking arrangement is extremely obstructive and unhelpful. Does anyone know of a bank that is prepared to be more helpful in these cases?

Comments

  • cottager
    cottager Posts: 934 Forumite
    Not going to be able to help with your questions, but for others to -- who may have experience of these circumstances -- I think it will be helpful to say which bank it is.
    ~cottager
  • Milliebob
    Milliebob Posts: 248 Forumite
    Part of the Furniture
    From what I understand, if it's not a Joint and Several Power of Attorney, then all actions must be authorised by all attorneys? So the bank is just following the instruction of the Court of Protection? Otherwise either of you would have the power to authorise transactions without the other knowing.
    Happiness can be found in even the darkest of places, if one only remembers to turn on the light - Albus Dumbledore
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  • madgagoo
    madgagoo Posts: 354 Forumite
    Correct. If the POA is joint then all instructions must be jointly signed/authorised.

    Internet banking is not an option as whichever bank you have opened the account with does not a have a facility for a transaction to be authorised by both parties. I'm not aware of a bank that does but someone may come along and correct me!

    Debit card is the same. If you were issued with one then you alone could withdraw from the account without the joint attorney's authority - again this is not allowed under the power you have been granted.
  • xylophone
    xylophone Posts: 45,964 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Might it be easier for one or other of you to pay (for toiletries etc) as needed, keep the bills, and then do an accounting once a quarter/half yearly, annually as needed, drawing a cheque on the POA account to the person who paid?
    Obviously you would keep immaculate records that could be audited if ever the Public Guardian so decided?
  • jonesMUFCforever
    jonesMUFCforever Posts: 28,898 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Another bank basher where the bank is not at fault.

    Who decided it was best to get a joint PoA?
  • le_loup
    le_loup Posts: 4,047 Forumite
    As others have said, the problem is the JOINT POA, not the bank.
    I have found HSBC to be brilliant with a POA but that is a singular not joint.
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