ChatterBank6 mins ago
Lasting Power of Attorney
My mothers Solicitor has just advised me that I have been granted (Registered) an LPA Property and Financial Affairs so that I can deal with my mothers affairs. She is 92 years old and has had to go into a care home. For the moment I have had to fund all her costs for the last six months. I know that my mother has some Bank Accounts but I don't know how I should go about getting control of these funds.
Can any AnswerBanker provide me directons to getting any printed documentation or Web URL's on how to carry out these functions. Do I go to her Bank with a copy of the LPA or do I have to do it another way?
Any other advise would be most welcome.
Graham51.
Can any AnswerBanker provide me directons to getting any printed documentation or Web URL's on how to carry out these functions. Do I go to her Bank with a copy of the LPA or do I have to do it another way?
Any other advise would be most welcome.
Graham51.
Answers
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Agree with Woofgang.
Go to the bank with your POA documents and they will sort things out for you.
Be a bit careful about leaving them your precious documents, though. Make them copy them in the bank and give you back the originals.
Just a thought, but are you aware that Welfare Power of Attorney is separate from Lasting Power of Attorney ? Your mother's Solicitor may have also arranged that for you , but often they do not. The Welfare Power of Attorney allows you to take decisions about her care...not so much an issue for you as your Mum is already in care, but it can be.
The Lasting Power of Attorney only relates to financial/business matters.
Or at least that is my experience of it.
Good luck with it all. It's a load of red tape at first, but when the banks etc have the POA registered with them it is reasonably straightforward after that. (At least it was for me!)
Go to the bank with your POA documents and they will sort things out for you.
Be a bit careful about leaving them your precious documents, though. Make them copy them in the bank and give you back the originals.
Just a thought, but are you aware that Welfare Power of Attorney is separate from Lasting Power of Attorney ? Your mother's Solicitor may have also arranged that for you , but often they do not. The Welfare Power of Attorney allows you to take decisions about her care...not so much an issue for you as your Mum is already in care, but it can be.
The Lasting Power of Attorney only relates to financial/business matters.
Or at least that is my experience of it.
Good luck with it all. It's a load of red tape at first, but when the banks etc have the POA registered with them it is reasonably straightforward after that. (At least it was for me!)
When you go the bank also take some form of identification with you (eg passport/driving licence) and something with your name and address on (eg utility bill). This is in addition to the LPA. These may not be needed but annoying it they are needed and you don't have them. As Ladyalex has said the bank will want to see the original but should take a photocopy handing the original back to you.
If there other members of the family keep them involved with your actions and I recommend keep a record of all payments you make on your mother's behalf especially if you intending to claim the costs for the last six months.
Remember you should also let the pensions and tax authorities aware of the change of circumstances this can be done by post. You could send LPA by recorded delivery to make sure it arrives and you can track its delivery online.
If there other members of the family keep them involved with your actions and I recommend keep a record of all payments you make on your mother's behalf especially if you intending to claim the costs for the last six months.
Remember you should also let the pensions and tax authorities aware of the change of circumstances this can be done by post. You could send LPA by recorded delivery to make sure it arrives and you can track its delivery online.
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The difficulty that a friend of mine had was that he had a Lasting POA but not a Welfare POA for his father. His father was just on the cusp of having capacity . His father's physical health deteriorated quite dramatically and he could no longer be looked after in my friend's home (he had been staying there for two years since the death of his wife, friend's mother). When asked if he would agree to go from hospital into a Nursing Home, he said No, he would prefer to go back to my friend's home. A bit of a tricky one .
Eventually, the Drs decided that he did not have Capacity and he was moved from hospital to a Nursing Home where he settled reasonably well for the short time he had left before he passed away.
Not entirely sure that having a Welfare POA would have helped in this case, but my friend did wish he had organised it when his father had had Capacity rather than getting it after. There was no doubt that father needed Nursing Home Care but it felt like he was 'putting him away' and I think other members of the family (all offering no help, of course) made him feel a bit bad.
but Barmaid's your woman for this problem.
Eventually, the Drs decided that he did not have Capacity and he was moved from hospital to a Nursing Home where he settled reasonably well for the short time he had left before he passed away.
Not entirely sure that having a Welfare POA would have helped in this case, but my friend did wish he had organised it when his father had had Capacity rather than getting it after. There was no doubt that father needed Nursing Home Care but it felt like he was 'putting him away' and I think other members of the family (all offering no help, of course) made him feel a bit bad.
but Barmaid's your woman for this problem.
A Welfare Lasting Power of Attorney may be a waste of time if you always agree with doctors and social workers.
Just bear in mind that a Finance LPA allows you to buy and sell property. What it doesn't do is allow you to choose where the donor lives. That is up to social workers who spend a hurried few minutes getting to know the donor before they override your wishes.
You will find that the local council will pop off to Court and get appointed as Deputy (at the donors expense) so they have total charge.
If you can live with that, fine!
I do say to clients that the Finance LPA is the most important, but imagine being in an uncaring dump miles from your loving family with neither you nor they being able to do anything about it without hit and miss and expensive Court action.
Sold????!!!
Just bear in mind that a Finance LPA allows you to buy and sell property. What it doesn't do is allow you to choose where the donor lives. That is up to social workers who spend a hurried few minutes getting to know the donor before they override your wishes.
You will find that the local council will pop off to Court and get appointed as Deputy (at the donors expense) so they have total charge.
If you can live with that, fine!
I do say to clients that the Finance LPA is the most important, but imagine being in an uncaring dump miles from your loving family with neither you nor they being able to do anything about it without hit and miss and expensive Court action.
Sold????!!!
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