Accessing parents finances

No, @taxguru , I was objecting to your initial suggestion that the poster just “register the LPA and have control”. Although I see that you knew that, so I won’t engage further with you.

From personal experience - Nationwide took 10 days from taking a copy of the LPA in branch to activating my online access to DF’s account.

TSB - no branches near me so have to do it all via an online form. Filled form in and told will be contacted within 4 working days to set up an online call to verify my identity, etc. 3 weeks later, I’ve not heard a thing from them.

Well yes! If they've still got capacity, it's entirely up to them, and rightly so. If they've lost capacity then it's entirely right that the POA comes into force. You're not suggesting that someone with capacity could be forced into accepting the POA without their consent are you??

Yes, if the donor decides.

Depends on the bank - some are really good and some are shite.

I'm dealing with about 27 financial institutions and the process has been variable to say the least. I have written so many letters of complaint.

Not all institutions let you have online banking as well which is a pain in the ass - looking at you Skipton!

We didn't have any problems, and my mum was perfectly able to speak to them on the phone. She was just unable to go to a bank or cash machine, or to use a computer (for physical disability reasons).

Normally it’ll be the person who set up the LPA who has the original - my mother has hers, but I know where it is. So I can’t start using it without her say so. Not sure how that works with the online code though, we’ve just got the paper one. We’re not yet at the point of putting it to use, but I’m getting a lot more involved in her financial affairs e.g. sat in on the meeting with a financial advisor, and helping online as her sight isn’t v good esp when codes are needed to verify identity, sent as a text.

I seem to remember from doing this for another relative that some organisations sent letters to the person’s home address when we put the LPA into action, acting as a check on it, like when you get a message from the bank saying a new DD etc has been set up.

Health LPA is different to Finance LPA

They need to have lost capacity for the health LPA to be used. Not so for the finance LPA

That's not right. The donor can opt for it to become active once they have lost capacity, but that's not the only option. It can also become active immediately upon registration or upon the decision of the donor. So, basically, the donor can decide when it is to become active whilst they retain capacity.

You don’t just “get the LOA enacted and have control” unless they can be shown to lack capacity.

The process of getting an LPA means that an independent person has verified that the donor (think that’s the term?) has the capacity to grant permission for an LPA to be applied for in the first place. You can also nominate people to be notified when the LPA is activated (or registered with an institution) but this is not compulsory.

If you think an LPA is being misused you can report it to OPG online: https://www.gov.uk/report-concern-about-attorney-deputy-guardian

Yes, I think they took it on trust that my parents had consented, which when you think about it doesn't seem right. I guess that since they trusted me enough to appoint me as their attorney in the first place, that's enough?

There is a process for a person to complain that an attorney isn't acting correctly.🤷 Are there any legally minded people here who know more?

Apart from it being against the bank's T&Cs to use someone else's login credentials and bank cards (even with their permission), you'll have problems when it comes to the bank (or other organisation) wanting to speak in person, i.e. on the phone or across the counter etc., in case of wanting authorisation for a transaction, or to report a lost/stolen card, etc.

The institution will assume that as the LPA has been granted you have permission to act on behalf of the named person. We set up a financial LPA for my dad recently and I’ve registered it with his bank, I had to go into a branch and answer a few questions then they took a copy of the LPA and sent it away to be registered.

My dad mostly has capacity right now but lives 200-odd miles from me so this just means I can access his accounts online and keep an eye on things.

This may be a stupid question, but I've never quite understood this. I've got LPA for my parents, which I don't yet use but may have to in the near future. Re the advice that you just have to register it online and then you can start using it: how does the bank know that your parents have either a) lost capacity or b) given you permission to act for them? Is there another step you need to take, to prove one of these things is true?

My brother and I paid mums bills etc simply by her giving us the log in details to her current account, and her card details. We both had LPA and nothing needed enacting. She had capacity but was paralysed so unable to carry out her own transactions.

If it's a lasting power of attorney (rather than the older Enduring Power of attorney that it replaced) then you don't need to do anything, you can use it as soon as it was issued. If it was issued relatively recently then you should have been given a code to set up an online account which you can use to generate further codes for individual institutions that you can share with them to give them sight of the LPA electronically rather than have to show them the physical documents, although in my experience not all places are geared up for this.
Try to find out if the bank has a specific team dealing with LPAs - I know Lloyds do, and they were very helpful in getting things set up for me.

The OPG have a good helpline too :-)

I have been added as 'trusted friend' to my parents' bank account. It means I can pay bills online get shopping and withdraw cash etc with my own card. We do have LPAs in place too for when needed.

You need to register the LPA with the Office of the Public Guardian if not already registered (which it may well be).

This takes about 8 weeks.

Then follow the instructions of the bank or building society to notify them of the LPA, there will be information on their website detailing the hoops they want you to jump through.

Yes, for as long as they retain mental capacity they can continue using their account exactly as before - but you'll be able to assist as and when needed.

Yes, my Dad has capacity but LPA enacted, he just spends his money but I call insurance companies, utilities on his behalf