Power of Attorney

[Autumnnewname]

I have financial power of attorney for my Dad

I check all his bank statements and discuss with him how he pays for things and which account he needs to use, etc. he's had a stroke so can't do practical things but still understands a bit about his finances.

One of my sisters is asking for his bank card to use. It will be for something our dad wants and has mentioned to her

She doesn't like being questioned but I need to check if I have the right, as the only financial POA, to ask for her reasons.

I’m not an expert, but common sense would say that you should make the purchase rather than giving his card.

Fairly sure you can’t legally just borrow someone’s card and use it. Especially if there’s POA and therefore can’t consent.

you may be able to get a third party authorisation on his bank account so she can carry out certain transactions for him. Speak to the bank.

out of interest, why is it only you with POA? Surely it makes more sense for both siblings to have it, then if something happens to you or you are away or something your sister(s) can also carry out his wishes.

Thank you

I will just ask her but I needed to be clear that she needs to tell me.

We have split POA. I have financial, she has welfare. Dad wanted it that way. She is a HCP and I have an accounting background

I will just ask her

Thank you

Personally as POA I would transfer the amount required to my sister so she could buy it from her acct. No need to borrow bank cards etc.

They way it works where I am, you are essentially responsible for providing a scrupulous audit trail for your father's finances down to the last penny, so no, you shouldn't be handing your father's bank card to anyone. If he okays the purchase, you should either make it yourself, or reimburse the buyer after the purchase is made and get the till receipt etc.

As POA, you must not let anyone else have his card, as this is your responsibility. For eg if fraud is committed on the account later , your Dad's account might not be covered under bank's fraud refund policy as details are compromised by account holder by giving his card and pin number.

My best advice is to ask and give her the funds. You have an obligation to protect your Dad's financial interests.

O/t but what if you don’t have POA?

have a feeling an elderly relative’s dc has taken their cards off them and is “managing” their money, accessing bank etc and giving them small amounts of cash.

I’m sure it’s in best interest but can they get themselves in trouble doing this? Or do they need POA?

@Notanotherusername4321 I came across your post when I was searching a POA question myself.

IANAL but if the elderly relative has capacity and has willingly lent their bank card to their relative to do shopping etc for them, it's legal. POA (a) formalises such an informal arrangement, and makes it potentially accountable to the office of the public guardian; (b) gives even greater powers, to manage someone else's finances generally, not just small purchases.

It breaches the Ts and Cs of your bank account to lend your card to anyone and you would not be covered in case of fraud - but lots of people do it, instead of drawing out the cash and handing it over.

If you have POA you can get your own card on that person's account.

Agree with the pp. It would be better if you let your sister have the cash for the purchase. As long as you know what it's for a d it is a reasonable amount you are fine