Aviva refuses to consider power of attorney

6am

So my wife had a car accident several hours before she was due to leave country. She made a claim and left UK and will be unreachable for a month. I need to sort out the car. I have a general power of attorney in accordance with section 10 of the Powers of Attorney Act 1971 but Aviva for some reason does not even want to consider it and wants to speak to my wife. I hope this was a poorely trained agent and power of attorney has some power (otherwise what is the point). Where do I stand legally? Am I able to force them to deal with me directly?

Thrugelmir

Where in the world these days is someone "unreachable for a month" ?  

csgohan4

get a cheap international phone card over seas and call the insurers would be reasonable

Otherwise make a formal complaint, wait 8 weeks then ombudsman if no satisfactory reply, 

Which is more practical?

TELLIT01

I thought Power of Attorney was for people incapable of acting on their own behalf due to physical or mental incapacity.  I didn't think it was designed to enable somebody to act on the behalf of another simply because that person wasn't available.  I would expect the insurer to require specific written permission for a 3rd party to act on their behalf in the situation described by the OP.  The other option is to wait until the OP's wife is contactable again.

csgohan4

TELLIT01 said:

I thought Power of Attorney was for people incapable of acting on their own behalf due to physical or mental incapacity.  I didn't think it was designed to enable somebody to act on the behalf of another simply because that person wasn't available.  I would expect the insurer to require specific written permission for a 3rd party to act on their behalf in the situation described by the OP.  The other option is to wait until the OP's wife is contactable again.

I've  seen POA given to solicitors to act on their behalf for house sales amongst other things. Maybe their too busy living a lavish lifestyle

6am

You are talking about lasting power of attorney which comes into effect if you lose mental capacity. However I have a ordinary or general power of attorney which is valid while you have mental capacity. It is suitable if you need cover for a temporary period like a holiday. https://www.ageuk.org.uk/information-advice/money-legal/legal-issues/power-of-attorney  (check the paragraph called "Different types of power of attorney")

My wife already gave me a permission to act on her behalf in the presence of solicitor, I see no reason for her to call Aviva

Thrugelmir

6am said:

My wife already gave me a permission to act on her behalf in the presence of solicitor, I see no reason for her to call Aviva

Your wife was involved in the accident not you. 

6am

Correct, and she already made a claim where she described in details what happened, damage, other person details etc. I just need to complete admin job like sorting out repairs or agree write off

csgohan4

6am said:

Correct, and she already made a claim where she described in details what happened, damage, other person details etc. I just need to complete admin job like sorting out repairs or agree write off

Pragmatically, they may ask for proof of POA, so say 1 week to send in, 1 week if your lucky for them to process, then you may be able to act on her behalf. 


Claims can take anything from a few weeks to a few months

Thrugelmir

6am said:

Correct, and she already made a claim where she described in details what happened, damage, other person details etc. I just need to complete admin job like sorting out repairs or agree write off

That's somewhat assumptive. Not sure that the insurance company agrees with your perspective. 

user1977

TELLIT01 said:

I thought Power of Attorney was for people incapable of acting on their own behalf due to physical or mental incapacity.  I didn't think it was designed to enable somebody to act on the behalf of another simply because that person wasn't available.

No, this is a pretty standard sort of use for a POA - as is, say, having your solicitor sign things rather than send them out to you (or get you to come into the office), or a company authorising minions to sign rather than have every deed go to the board of directors.

Though some institutions have trouble coping with any sort of POA, so the OP needs to get some clarity on exactly what the problem is i.e. is it genuinely a policy problem, or just something not on the call centre's script.