Financial Issues

[MaryB]

What is the position if someone has been given legal right to manage someone's finances and they are either incapable of doing so wisely, or even using money inappropriately, if the person who has given that right is quite happy for it to be so?
Vicky

[susieq]

Under the rules governing a Power of Attorney - any Attorney (the person who has been given the power to handle the finances) can be called on by the Office of Public Guardianship to prove that they are acting in the best interests of the person concerned.

See here: http://www.publicguardian.gov.uk/suspect-abuse.htm (concerns about an Attorney or Deputy)

Since my sister and I registered Mum's POA we have kept scrupulous records about how her money is/has been spent so that if we were ever called for an audit we have all the details.

However be aware that if the Office of Public Guardianship considers that wrong has been done they will appoint Attorney/Deputy of their own choosing and then there will be fees for this service that have to be paid - there was an article in the papers last year about the £1000's being charged in fees for 'official' Attorneys.

[MaryB]

Thanks Susie, forgot to mention that I don't know for sure there is a POA but it seems there is some kind of arrangement with the bank, can I find out if there is a POA or indeed what the situation is at the bank?
Vicky

[Guest]

Close family members should be sent a notification that the POA is to be activated and given the opportunity to register any objections.

[MaryB]

I haven't received anything like that Annie, but would anyone know I exist if they are not told or even be told something like we are estranged?
Vicky

[susieq]

Hi Vicky

For a POA to be to be used it has to be registered with the Office of Public Guardianship and stamped by them before it will be accepted by a bank or other institution.

It might be worth ringing their helpline to see if they can/will tell you if one exists.

[charles47]

Sometimes banks will enter into an agreement, though. And if the person has lost capacity but this is unknown, it's easy to have a card issued to the other person.