Power of Attorney - bank refuse to recognise

peachyprice

Judy_Judy wrote: »

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.

Sorry to side track, but have you had her home assessed to see if she qualifies to have this done buy her local authority? If she needs these things you shouldn't be paying for them.

Page 7 of this guide.

http://www.ageuk.org.uk/Documents/EN-GB/Information-guides/AgeUKIG23_Care_at_home_guide_inf.pdf?dtrk=true

nom_de_plume

Judy_Judy wrote: »

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.

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She wants independence but needs protection too. She can't figure out that without any money she could well end up in a home........

When all this is sorted out, perhaps you can find a way of opening a separate account for your mum to have some 'pocket money'. That way she will still have some degree of independence but with a safety net surrounding it.

As for your brother, only you can ultimately decide what to do. He obviously needs stopping but it's how far you go to achieve that end. I suspect, in your shoes, I would be happy to see the money back and have the brother either stay away or pull his weight in caring for your mother properly. I personally would do all I could to avoid getting the Police involved unless it really did become necessary. Perhaps the bank need advising and your brother telling that the Police WILL need to be involved if it ever happens again. As I say, it's a tough one and only you can really decide the best course of action.

Good luck and well done you for looking out for Mum!

Galaxy1987

Op I would also contact your mums social worker/care manager if she has one, if not the dept will have duty workers. This is an adult protection case and without a doubt you will have more power with them involved. Plus your mum may get assessed for care and/or aids.

thorsoak

It may help to involve Age UK - http://www.ageuk.org.uk/ - I believe that they will get involved if a family member is cheating someone vulnerable - and may also be able to add to the weight of your argument against the bank.

Macca83_2

Who does your mother bank with? Are they refusing to re-register the poa? Or are they refusing to action your request to operate on the account without registration? The reason I ask is because the poa will need to be registered and on the system before they can action any instructions from you.
If it's a case that they're refusing to register poa then that isn't acceptable. Not that I believe that anything in this situation is more acceptable than the other. I'm just trying to determine whether it's a red tape thing or if they're being deliberately obstructive.

In any case you need to make a formal complaint. Put it in writing and escalate it.

Judy_Judy

peachyprice wrote: »

Sorry to side track, but have you had her home assessed to see if she qualifies to have this done buy her local authority? If she needs these things you shouldn't be paying for them.

Page 7 of this guide.

http://www.ageuk.org.uk/Documents/EN-GB/Information-guides/AgeUKIG23_Care_at_home_guide_inf.pdf?dtrk=true

We have been very lucky, she has a hospital bed, we got a grant for the wet room but obviously that just covers the basics, mum is practically housebound now 90% of the time maybe more, and wanted an all singing, all dancing wet room. I was the "foreman" for the job (it's what the workmen teased me with"). Mum paid extra for lovely tiles and borders, units, curtains, I'm very proud of it and so is mum. The JWS came to convert her and they got a guided tour of the wet room. Good old mum.

Judy_Judy

nom_de_plume wrote: »

!

I don't want my mum's last months maybe years who knows though it's unlikely, to be spent seeing her son and daughter getting arrested. I have been tempted believe me, really tempted but it is a case that I can't do that to Mum.

Police have to be the last resort, I'd rather get the bank to recognise the POA, I'd really like them to give mum back the money taken after they removed me as PoA. I was stopping or slowing down the money going out, they opened the flood gates again.

Judy_Judy

Macca83 wrote: »

Who does your mother bank with? Are they refusing to re-register the poa? Or are they refusing to action your request to operate on the account without registration? The reason I ask is because the poa will need to be registered and on the system before they can action any instructions from you.
If it's a case that they're refusing to register poa then that isn't acceptable. Not that I believe that anything in this situation is more acceptable than the other. I'm just trying to determine whether it's a red tape thing or if they're being deliberately obstructive.

In any case you need to make a formal complaint. Put it in writing and escalate it.

Jay and Ors thanks will do.

Macca, they had the PoA on the account for 20 years running just fine. Mum went in with brother told them to remove the PoA, withdrew £1,000 and took me off as PoA so I wouldn't know.

The Court of Protection and the OOTPG say the bank are wrong as it is registered now with the OOTPG, the bank say they are right.

I think it might be backside covering now, as everyone on here say the bank are wrong too. It's Lloyds.

RAS

Do the bank know that the POA is now registered and mum cannot revoke it any longer?

Judy_Judy wrote: »

Macca, they had the PoA on the account for 20 years running just fine.

When you took the POA in at that stage, mum was legally allowed to cancel the POA any time she wants.

Mum went in with brother told them to remove the PoA, withdrew £1,000 and took me off as PoA so I wouldn't know.

The Court of Protection and the OOTPG say the bank are wrong as it is registered now with the OOTPG, the bank say they are right.

When did you take the registered POA into the bank?

Judy_Judy

RAS wrote: »

Do the bank know that the POA is now registered and mum cannot revoke it any longer?

Yes Ras, this is my argument. Prior to registration it could be revoked on Mum's say so. After it was registered with the OOTPG I am told that they can't. As soon as it was registered I brought it into the bank and showed them. Every time I've complained the bank just say, they are right.

One person at the bank actually said if you can prove a diagnosis of dementia we'll put it back on. That's nonsense. That much I do know. Mum does have dementia but she hasn't been told as it terrifies her. She just knows her problems are brain vessel damage that's causing her problems which is a half truth, but she's happy with that.