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Power of Attorney - bank refuse to recognise

245

Comments

  • Judy_Judy
    Judy_Judy Posts: 44 Forumite
    I've just found the bank's Chairman's Email address, shall I go right to the top or behave and go to the local bank manager?


    http://www.!!!!!!!!!!!!!/ This site gives you the big players in major companies.
  • Browntoa
    Browntoa Posts: 49,612 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    go to the top
    Ex forum ambassador

    Long term forum member
  • Judy_Judy
    Judy_Judy Posts: 44 Forumite
    Browntoa wrote: »
    go to the top

    I don't know what happened to that email but it's

    www. c e o e m a i l . c o m but without the spaces.

    Top it is then.
  • Judy_Judy
    Judy_Judy Posts: 44 Forumite
    RPC: Yes the bank knew it was registered, I've told them and brought it into the bank to show them.

    It's ridiculous the DWP recognise it, but a bank won't.

    The bank are saying that because mum gave them that instruction they are right to respect her wishes. Mum doesn't understand that she'll need that little bit of money. I've had to get things like a wet room, she damages electrical stuff as she forgets how t use them. So Mum thinks it's in her best interest to give my brother her money as he gives her a sob story about if she doesn't give it to him her grandchildren will be homeless - then he went on holiday!!

    So while mum thinks it's in her best interest, it's not because we have to get things like wheelchairs to get her out of the house, all kinds of different things that she can't have if there's no money. Mum can't see that at all.
  • itsanne
    itsanne Posts: 5,001 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    It might also be worth pointing out to your brother that this could become a police matter. At least it might curb him until it's sorted.

    I would have thought that if the bank had acted in error, to put it kindly, it would have to reimburse your mother. Presumably it would then chase your brother for the money.
    . . .I did not speak out

    Then they came for me
    And there was no one left
    To speak out for me..

    Martin Niemoller
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    As you knew your brother had a bank card, it would have been wise to change the PIN as soon as you took over as POA. Can you do that now to stop any more money leaving the account?
  • Judy_Judy
    Judy_Judy Posts: 44 Forumite
    Mojisola wrote: »
    As you knew your brother had a bank card, it would have been wise to change the PIN as soon as you took over as POA. Can you do that now to stop any more money leaving the account?

    It's very very difficult Mojisola as she is at the stage where she is losing capacity but has good days in the middle of bad ones. She very much wants to be in charge of her money and doesn't want me stopping my brother taking her money.

    My brother doesn't have a bank card she was giving him her card and getting max out daily then giving it back to her so it wasn't missing. I reduced the max to £50 a day but he told mum and mum got mad as she believed his stories about the grandchildren being homeless.:mad:

    She wants independence but needs protection too. She can't figure out that without any money she could well end up in a home as I can't do the adaptations to her home that will enable her to continue living in it safely. Things like the wetroom so she can continue to stay clean for example.
  • Judy_Judy
    Judy_Judy Posts: 44 Forumite
    Hi ItsAnne, thanks and yes I've told him if he comes back again I am reporting him to the CoP and/or the police and he will be in trouble. We no longer talk. Sad really when it comes to this but I can't leave Mum and do nothing.
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Judy_Judy wrote: »
    Hi ItsAnne, thanks and yes I've told him if he comes back again I am reporting him to the CoP and/or the police and he will be in trouble. We no longer talk. Sad really when it comes to this but I can't leave Mum and do nothing.

    I understand and it's a horrible position to be in. It's very difficult when someone is at that stage where they're still "sort of" functioning but not really competent to make judgments.

    Have you spoken to AgeUK about elder abuse? It's a common enough story, unfortunately, and they may be able to make suggestions about how to deal with it.
  • Mr_Toad
    Mr_Toad Posts: 2,462 Forumite
    You need to be really tough to sort this out.

    Your mother clearly doesn't have the capacity to make sensible decisions so needs your protection and the LPOA gives you that.

    Your brother is banking on 'blood is thicker than water' to either slow you down or stop you altogether from doing anything.

    Someone at the bank messed up seriously. Your LPOA tells them that legally your mother doesn't have capacity, they ignored this and allowed her to give your brother access to her money. As a result I suspect that the bank are in a major a*se covering situation hoping that stone walling you will make you give up and go away.

    You need to contact the police and explain that you have LPOA and that your brother has obtained money by deception. Not nice but I think it has to be done. I doubt at this stage he believes you'll report him so you need to act.

    Get in touch with the banking ombudsman and complain about what has happened and write to the banks head office/chairman and tell them what's gone on and what you're doing about it.

    Speak to Citizens Advice as well, probably best to do this early on as they may be able to help with the other stuff. Also speak to the Alzheimer's Soc.

    You are in a deeply unpleasant situation but it and your brother aren't going to go away.

    Good luck
    One by one the penguins are slowly stealing my sanity.
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