Question about Lasting Power of Attorney

Draiggoch26

Hi all, hope someone can help!

My parents are in the process of sorting Financial LPA's. Both me and my brother did ours last year. They can't afford to use a solicitor, though I didn't use one myself anyway.

One question I have been unable to answer, or find the solution online, is this:

If you tick the box that brings the LPA into force upon registering, then (for whatever reason) my understanding is that the donor can simply ask the attorneys to act on their behalf. BUT: can the donor continue to access their own accounts directly or is that stopped once attorneys start acting?? And following on from that (yes I know technically this is now two questions!), if the donor asks the attorneys to act and then decides they can look after their affairs again on their own, do they just have to say or is there a legal process to follow?

This all relates to them still having long-term mental capacity, just with short terms issues of one type or another - eg can't deal with finances when their partner dies etc.

Many thanks in advance

SiliconChip

Yes to the first question, and they just have to say in response to the second - but the key there is ensuring that the chosen attorneys will be willing to stop acting when asked. When I was attorney for my mum she did the things that she was able to do, such as go into the local building society, and I did the things that she couldn't do, such as online banking. She maintained mental capacity until she died but gradually lost physical capacity to do some things in person or on the phone.

Enzo_L

Granting power of attorney doesn't stop the donor from dealing with their own affairs as well if they want to.

If the donor later decides that they want to look after their affairs on their own and no longer wishes to have an attorney then they can revoke the power of attorney, provided that the donor still has the mental capacity to do so:

https://www.gov.uk/power-of-attorney/end

elsien

You have no remit to do anything except what they ask you to do while they still have capacity.
So as an example, I have registered my brother’s power-of-attorney with the OPG and with his bank.
He has full capacity and we only did this because he was unwell and it was unclear whether he’d be able to physically manage his finances in the short term.

The band asked if I wanted access to his online banking or a second bankcard. He doesn’t use online banking so I ticked the box for yes but haven’t set it up -which means the option is there if needed, but he wouldn’t be happy with it being used unless an emergency so the power to do so is just sitting there just in case.

Ditto the bankcard. I have one in case he can’t get to the cashpoint. There is no intention for it to be used at present but if he changes his mind and wanted me to get money out for him, then I could do.

SacredStephan

My experience is that, where an LPA has been registered with the bank, they will stop the donor's access to their account as soon as they are made aware by the attorney(s) that the donor has lost capacity. Until then, the donor can transact normally.