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POA not being recognised by bank

31 replies

AnnoyedAsHell9 · 29/11/2023 18:46

Hi
I'm struggling with a certain highstreet bank and i would appreciate any advice on what my legal position is.

I and my sister hold POA both Finance and Health for my stepfather who is severely disabled with Huntingdons.
My mum has sadly passed away recently, she was his main carer.

In all the things that we are having to wade through, most people have been kind and caring and although difficult, we are getting there.
The one stumbling block is the bank, I have called to begin the conversation about mums financial bits and pieces and they are refusing to speak to me as my stepfathers legal representative. They don't recognise the POA as being relevant in terms of discussing my mums affairs, even though i am representing her next of kin.
He is unable to speak nor sign his name to be able to provide additional consent so am I just stuck with applying for LOA or is there another route of argument with the bank?

any help much appreciated

thanks

OP posts:
FusionChefGeoff · 29/11/2023 20:40

@Rosecoffeecup ah sorry I missed that picked up on her saying I will be executor but skipped the next bit Woops!

AllEars112232 · 29/11/2023 23:09

@AnnoyedAsHell9 I really feel for you, my dad, sister and brother all had HD and I had to do much of the legal stuff for my dad and brother. But even worse for you as your mum has just died. I’m so sorry you are having to go through 5is at such a difficult time.
Do you have access to free legal advice from your house insurance or if you are in a union? Or even citizens advice.

my feeling is that you need to apply for the letters of administration for you mum first as her next of kin (her spouse being unable to take that role). Then go back to the bank in that capacity.

ThatBoyDerekDrew · 30/11/2023 00:16

Why on earth did your mum not have a will?

Not helpful and not relevant to the question. If she didn't she didn't, and while it would have been a good idea, a lot of people have their own ideas about whether or not they need or want a Will or LPAs and while you can try to educate them and help them get good legal and financial advice, you can't make them.

It sounds to me as though it would be a good idea for the OP to speak to a solicitor qualified in the right areas of law who is prepared to charge just for the advice that is actually needed to find out if what the bank are doing is legally incorrect, and what to do about it either way. This advice might cost more per hour but less overall - getting someone expert who isn't going to try to charge you a package rate for dealing with it all when you don't need them to can be a good approach, I've done similar recently.

calyxx · 30/11/2023 04:18

The poA expires on your mum's death. The bank can only deal with the executor.

calyxx · 30/11/2023 04:20

Sorry, ignore my post- can see I've misread

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