Power of attorney ?

[Jackit2013]

Hello all,

Cutting a very long story short, a vulnerable family member has been scammed several times online. Despite some measures put in place he is still falling victim and not learning from previous.

Would gaining power of attorney help with this? Would POA remove his ability to make payments online ? I suspect not as be could have any number of bank accounts and credit cards. Does POA prevent him getting new accounts without authorization ?

I'm looking at blocking certain websites on his home broadband that will help with access to the channels he has been scammed via. But essentially I want to block his ability to get new bank / cc accounts and to make payments online and over the phone. Is there a way this can be done , like black mark his name or something, rather than contacting all bank accounts that he may or may not have? He has given permission for next of kin to get POA.

I just need access blocked !

Having POA wouldn’t stop him being able to open new bank accounts but it may make it possible for you to close them.
Is he happy for you to have POA? Does he understand what it means? Does he understand what is happening with the scams? The police and adult social care should be able to support with this.
It is a really difficult position to be in. Good luck.

Yes he knows. Social care and the police are already involved.

Thanks

Power of attorney only kicks in if he lacked capacity to make the decision himself. So if he had capacity to make an online payment he could do so, even if you have PoA. It is likely (although not necessary) that if he lacks capacity to make financial decision currently he will also lack capacity to make the decision to give you PoA. If so you will need to go to court.

He must make the Lasting Power of Attorney of his own volition, and have capacity to make it at the time. It doesn't sound as though he would be particularly keen on making an LPA at the moment?

If you feel that he has already lost capacity then unfortunately you'd have to apply for a deputyship order in the Court of Protection. This is a long drawn out procedure, and costs several thousands of pounds in costs plus ongoing annual fees.

I'd work on explaining the advantage of making an LPA (there's a link on my website if you need it, just PM me), and if HE wishes to make one, and has capacity to do so, he can go ahead on the basis that, even though he still has capacity he is authorising you to look after his finances.

Financial poa can be used when the person has capacity if they agree and tick the relevant box on the poa form. You could ask to be a third party on his bank accounts and run his finances for him if he wants that. The bank and their fraud dept can advise.