LPA Confusion

No, the attorney can't grant access to the accounts because it's not their account. I have LPA for my father as does my sibling. I registered with the bank immediately and they asked if I felt he still had the capacity to make decisions and understood totally that 'it depends'. Initially we involved him in everything but he can no longer make sensible decisions regarding his finances so now the bank deal with me.

My sibling doesn't really want to deal with finances and hasn't registered at the bank. I share information (like we need to renew insurance it costs x or the care home fees are going out on y date and there's enough money, there's £xxx in the account etc) because they are also an attorney but I can't give them my login details for online banking and they can't use the debit and cash cards registered in my name.

It is best to have 2 attorneys so that if something happens there is always a backup. (The worst case scenario is that an attorney dies and the donor no longer has the capacity to appoint a new one - the application starts again if theres only one.) Both attorneys can register with the bank and both will be issued with cards so the one who needs to withdraw cash can and there is a record of who used the card.

Hope that helps!

Yes, and you'd have to prove she'd lost capacity by involving her GP. In our experience, "capacity" can come and go erratically and getting medical proof could be a real nuisance. We were advised to tick the 'active now' box and all decisions are made with aged relative's agreement, as their condition deteriorates their involvement will taper off.

Effective immediately just means it can be used straight away, BUT only with the person's permission or if they don't have capacity. It can be useful if, for eg, your mum has capacity but finds sorting her house insurance out or dealing with her bank difficult, and so gives you permission to do it for her.

If you choose the other option, it means the LPA can only be used when your mum has lost capacity. So when you try to use it at her bank or wherever, they can potentially say "please show us evidence she has lost capacity" or next time you try to use it with them "please show us evidence she still doesn't have capacity" (because capacity can change). It has the potential to be a complete pain.

Reassure your mum you won't use it without permission. If she still says no, tell her she can keep the paper LPA somewhere safe, so they can't be used without her knowing. If she's comfortable with the internet, she can also have an account to check when the LPA is used online

@Soontobe60 One of the very first questions on the form is whether it can be effective immediately or only after loss of capacity. I just re read my parents one 3 days ago!

Where have you been looking online? When we did it with my MIL we just completed it via the Gov website. https://www.gov.uk/power-of-attorney
The finance LPA doesnt need to be effective immediately, it just needs to be activated and her bank will need a copy of her LPA certificate for future reference.

Not a lawyer.

Invoke now.
You get an activation code.

In your case don't then activate via the code until needed. This can be done later with permission or after capacity is lost without.

Note capacity goes gently it isn't all or nothing.

We are currently activating as DPs can't do complex stuff any more (investments) but can still do simpler things. Mainly activating so if needed I can spend an hour on the phone to someone re gas or whatever.