Ulster Bank will not recognise Lasting Power of Attorney from England

blackbirdsinging

I have a difficulty with the Ulster Bank, which will not accept the LPoA for Property & Financial Affairs donated to me by my mother in 2012. The LPoA is registered with the Court of Protection in England and Wales. She is British and lives in England

She recently opened an easy access account with Ulster Bank, as the rate is quite good

This bank's registered business address is in Belfast, but it is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority, in London. The Ulster Bank is also 'a business name of National Westminster Bank Plc. Registered in England and Wales (statement on the Ulster Bank website)

I applied recently to register my LPoA with the Ulster Bank but it will not accept my LPoA . I am told that the bank will only accept a Northern Irish Power of Attorney; is this a legal requirement in Northern Ireland or just the practice of the bank? If the bank is regulated by the Prudential and Financial Conduct Authorities in London (and anyway is part of the National Westminster Group), why can't it accept other aspects of English Law i.e. an English LPoA.

It seems Scottish banks will register LPoA from England.

I asked the Court of Protection, who just referred me to NI, who will register it for £151. The FCA just said it was not their business.

sevenhills

This is what it says on their website, so you may have a battle to change that.

Which Powers of Attorney do we accept?

Other ways of managing someone's affairs
To register a Power of Attorney with Ulster Bank we require a Power of Attorney document that deals with the financial and property affairs of the customer. This can cover selling their home, paying the mortgage and bills and making investments.
There are several different types of Power of Attorney and it is important you use the correct one for your circumstances. When deciding which type will work for you, read the information on the different types of Power of Attorney, via the Office of Care and Protection website.

Ulster Bank only accepts Power of Attorney documents governed by Northern Irish law.

https://www.ulsterbank.co.uk/help-and-support/caring-for-vulnerable-relatives.html

35har1old

blackbirdsinging said:

I have a difficulty with the Ulster Bank, which will not accept the LPoA for Property & Financial Affairs donated to me by my mother in 2012. The LPoA is registered with the Court of Protection in England and Wales. She is British and lives in England

She recently opened an easy access account with Ulster Bank, as the rate is quite good

This bank's registered business address is in Belfast, but it is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority, in London. The Ulster Bank is also 'a business name of National Westminster Bank Plc. Registered in England and Wales (statement on the Ulster Bank website)

I applied recently to register my LPoA with the Ulster Bank but it will not accept my LPoA . I am told that the bank will only accept a Northern Irish Power of Attorney; is this a legal requirement in Northern Ireland or just the practice of the bank? If the bank is regulated by the Prudential and Financial Conduct Authorities in London (and anyway is part of the National Westminster Group), why can't it accept other aspects of English Law i.e. an English LPoA.

It seems Scottish banks will register LPoA from England.

I asked the Court of Protection, who just referred me to NI, who will register it for £151. The FCA just said it was not their business.

It's down to the individual banks in Scotland wither they accept are not

35har1old

blackbirdsinging said:

I have a difficulty with the Ulster Bank, which will not accept the LPoA for Property & Financial Affairs donated to me by my mother in 2012. The LPoA is registered with the Court of Protection in England and Wales. She is British and lives in England

She recently opened an easy access account with Ulster Bank, as the rate is quite good

This bank's registered business address is in Belfast, but it is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority, in London. The Ulster Bank is also 'a business name of National Westminster Bank Plc. Registered in England and Wales (statement on the Ulster Bank website)

I applied recently to register my LPoA with the Ulster Bank but it will not accept my LPoA . I am told that the bank will only accept a Northern Irish Power of Attorney; is this a legal requirement in Northern Ireland or just the practice of the bank? If the bank is regulated by the Prudential and Financial Conduct Authorities in London (and anyway is part of the National Westminster Group), why can't it accept other aspects of English Law i.e. an English LPoA.

It seems Scottish banks will register LPoA from England.

I asked the Court of Protection, who just referred me to NI, who will register it for £151. The FCA just said it was not their business.

AIB NI only except NI Power of attorney and would require you to attend branch to fill in additional forms

masonic

It seems to be stated clearly enough that there is a different process for Scotland and NI here: https://www.gov.uk/power-of-attorney

When serving a company with legal documents, you need to use the right ones for the country in which the business is registered. The FCA and PRA have powers granted to them under the laws common to all four nations. That doesn't mean the same is true for the Office of the Public Guardian in England and Wales.

steven141

So does this mean that you are better to have a bank which is linked to where you stay? i.e. I live in Scotland should I be using Royal Bank of Scotland, Bank of Scotland or Virgin Money?

blackbirdsinging

Thank for the replies. I suppose that having registered the English PofA for a Scottish bank before, it did not occur to me that it might not in other instances, especially for a bank owned by Nat West.

masonic

steven141 said:

So does this mean that you are better to have a bank which is linked to where you stay? i.e. I live in Scotland should I be using Royal Bank of Scotland, Bank of Scotland or Virgin Money?

Wherever the bank is based within the UK, you will still have access to the Financial Ombudsman Service and FSCS compensation. That covers the vast majority of situations. But for devolved matters, you might favour one jurisdiction. In the case of Power of Attorney, having your financial accounts spread around different nations just means you might need to register your PoA with more than one authority for it to be used for all of the accounts.

BTW, the Virgin Money brand is being bought by an English building society.

IanManc

masonic said:

steven141 said:

So does this mean that you are better to have a bank which is linked to where you stay? i.e. I live in Scotland should I be using Royal Bank of Scotland, Bank of Scotland or Virgin Money?

Wherever the bank is based within the UK, you will still have access to the Financial Ombudsman Service and FSCS compensation. That covers the vast majority of situations. But for devolved matters, you might favour one jurisdiction. In the case of Power of Attorney, having your financial accounts spread around different nations just means you might need to register your PoA with more than one authority for it to be used for all of the accounts.

BTW, the Virgin Money brand is being bought by an English building society.

The separate legal jurisdictions in the UK pre-date devolution by hundreds of years, and devolution did not alter that.

England and Wales is one jurisdiction. When Ireland was part of the United Kingdom it was a separate legal jurisdiction from England and Wales, and on the creation of the Republic of Ireland that jurisdiction was split, with 26 counties going into the new Irish jurisdiction and the remaining 6 becoming the Northern Ireland jurisdiction. Scotland retained its separate legal jurisdiction when it joined the UK under the Act of Union in 1707.

A Power of Attorney obtained in England and Wales only gives rights to an attorney to act in England and Wales. An English or Welsh court cannot give someone rights to act as an attorney outside the jurisdiction of the court, such as Scotland, Northern Ireland or anywhere else in the world.

The OP was informed of how to register the Power of Attorney in Northern Ireland and quotes the fee needing to be paid in order for the Power to be applicable there. The whole issue arises because the OP wasn't aware of the scope of the Power of Attorney, which aplies to the jurisdiction in which it was made and not outside it.

35har1old

masonic said:

steven141 said:

So does this mean that you are better to have a bank which is linked to where you stay? i.e. I live in Scotland should I be using Royal Bank of Scotland, Bank of Scotland or Virgin Money?

Wherever the bank is based within the UK, you will still have access to the Financial Ombudsman Service and FSCS compensation. That covers the vast majority of situations. But for devolved matters, you might favour one jurisdiction. In the case of Power of Attorney, having your financial accounts spread around different nations just means you might need to register your PoA with more than one authority for it to be used for all of the accounts.

BTW, the Virgin Money brand is being bought by an English building society.

With branches in NI

masonic

35har1old said:

masonic said:

steven141 said:

So does this mean that you are better to have a bank which is linked to where you stay? i.e. I live in Scotland should I be using Royal Bank of Scotland, Bank of Scotland or Virgin Money?

Wherever the bank is based within the UK, you will still have access to the Financial Ombudsman Service and FSCS compensation. That covers the vast majority of situations. But for devolved matters, you might favour one jurisdiction. In the case of Power of Attorney, having your financial accounts spread around different nations just means you might need to register your PoA with more than one authority for it to be used for all of the accounts.

BTW, the Virgin Money brand is being bought by an English building society.

With branches in NI

It's got branches in Scotland as well, but that is unlikely to make any difference.