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Parent savings account
Comments
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yes, this is how it reads as the OP said, they don't want "them" to get involved, namely the attorneys. it could be that the OP's dad has appointed someone else to be his attorney rather than his wife?
OP - can you clarify?
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Yes he has two for his power of attorney, he used to be quite close to them when he worked but has seen neither in a few years. My mum doesn’t want to involve them in this matter.
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Just to minimise potential future confusion about terminology, they are his attorneys! If he granted power of attorney to people who he agrees are no longer appropriate (assuming he still has mental capacity) then LPAs can be revoked:
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As long as this PoA exists, it has to be honoured. You cannot simply disregard an attorney's authority. To override it, you must apply to the Court of Protection to have the attorney investigated, suspended, or removed, particularly if there is evidence of fraud or abuse. Acting against the authority of a legally appointed attorney can lead to severe and costly legal consequences
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As others have said, you need to get the current attorneys legally removed sooner rather than later. It would also be a good idea to yourself and someone else trustworthy added at the same time.
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If the father still has mental capacity, which may very well be the case even though he has Parkinson's and some memory loss, then revoking the current lasting power of attorney is easy.
@eskbanker has already shown how to do it in the link above.
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my understanding is that you don't have to use LPA if they are in place, they are there as an option?
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While the process of creating one and activating it are separate, in this particular scenario, OP's mother's bank apparently mentioned power of attorney to her, which was presumably in the context that they'd only deal with someone other than the account holder if they activated power of attorney with the bank. It is possible that the bank will deal with the account holder's spouse if both parties are on the call, but that isn't likely to be a sustainable option, so the PoA situation ought to be resolved properly.
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If the donor loses capacity completely, the registered LPA becomes the cost effective and viable option.
Ignoring the existing attorneys means an expensive application to Court of Protection either to forcibly revoke the existing LPA to implement replacement attorneys, or for the Public Guardian to step in to administer the donors affairs.
The OP would be best advised to follow the majority view here to revoke and install a new LPA assuming the father has the capacity to do so.
Incidentally I find it significant that the father did not think to involve family as his original attorneys, but fell back on what appears to be old work colleagues. Much as I got on with colleagues at work, it would never occur to me to involve them in such a personal and sensitive matter.
Was there concern ( in the father's mind) about his immediate family's ability to manage his affairs if the worse came to the worse?
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ah, i missed the bit about the banking referring to the POA.
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