I have been caring for my now 98 yo grandmother for the last 7 years, however she has recently moved into a carehome and was deemed by social worker to not have capacity. I am LPA for finances and also for health, and I have these on record with her bank for many years.
I recently attended the Bank to say that she is now permanently residing in care home to update her address to c/o my own home address and whilst I was there I said she no longer has capacity so could you cancel her bank card. In actuality she has not had her bank card for a couple of years as with her dementia she had started mislaying things and she furthermore was unable to leave her property without me. I have kept her bank card in my possession but I have my own lpa bank card for her account so I was able to pay for her food shopping etc.
Anyway I asked for her bank card to be cancelled as she no longer has capacity. I was told by the bank worker, who checked with some other department of the bank via email, that they couldn’t do this and that because she now no longer has capacity that I would have to reapply for a new power of attorney.
I responded that I didn’t believe this was the case and that I thought you could not get LPA once you have lost mental capacity. The bank worker told me in no uncertain terms that you can get LPA after losing mental capacity.
Can anyone clarify their understanding of LPA. I feel that this cannot be right, as what is the point of my nan putting an LPA in place whilst she did have capacity? Surely the point is that you put them in place prior to losing capacity so that someone is appointed to make decisions on your behalf.
I do not bank with this bank personally, however over the years have had dealings with them, my mother banked with them her whole life and on her death they were a bit of a nightmare and to be honest they did some pretty bad things whilst my mum was alive. So personally I am not a fan of this bank, and actually what I am also wondering is is it possible to open a bank account on behalf of my nan but with a bank that I do bank with as this would make things easier for me and I would no longer have to deal with the other bank.
Sorry for the really longwinded explanation and thanks for any help anyone can provide
Was the LPA registered when (or before) Nan lost capacity ? Even if it hasn’t been registered providing Nan signed it whilst she still had capacity then it is perfectly valid and I’m pretty sure that the bank is wrong in their interpretation.
You can’t apply for a LPA once a person has lost capacity as they are deemed unfit to sign it - so if there was no LPA than you would have to apply to the Court of Protection for guardianship - which is a lengthy and expensive process.
I suggest that you contact the Office of the Public Guardian who will be able to give you more information and advice.
Hi Jennifer
I would advise you contact the office of public guardianship and explain to them the situation. I can’t actually understand why you are being told that you can get LPA for someone who has lost capacity?( I only wish I could have for my late husband. He lost capacity before I could get it set up and had to go down the court of protection route. )
In my opinion the bank are mistaken. and causing you extra anxiety on top of the stress you already have.
Was typing the same time as susieq and we both obviously feel the same
I have had many battles with banks. Appointee for son, POA for mum and brother, husband died. Don’t get mad, get even. Every time they give you information, write down who you speak to, date, and time, plus what they say. Let them rabbit on, don’t contradict them. Once they have finished, say that you want to make a formal complaint and receive £50 for all the distress and inconvenience at such a difficult time. When they say they can’t do that, ask for it to be escalated to someone who can. I collected £700 in total for the Heart Foundation doing this, after my husband died, and a week of a holiday in Greece!!!
Thanks for your response and advice.
Yes the LPAs are registered and nan did sign these when she had capacity some 6 to 7 years ago. She was only deemed to not have capacity in November last year 2021.
I will try the office of public guardian to clarify and get any further advice they may have.
Does anyone know about the possibility of opening a bank account for in my nans name with a different bank or is this not an option?
Talk to our CUK helpline . I know that the system for POA’s has changed, but can’t remember when. Now they have to be registered with the Office of Public Guardian, but previously they could be used immediately. So first you need to establish the exact rules for the POA.
If the LPA is registered, you have power of attorney. That’s it. That’s the whole point and the bank was not only wrong, it was badly wrong. The whole point of the LPA was to prepare for this moment.
My Mum’s LPA was registered 3 years ago. A year ago she moved into a care home and the bank account, while still in my Mum’s name, is under my LPA. She doesn’t have a card. That was taken from her and the bank deactivated it from the moment they had the LPA in hand.
And although you can apply for Deputyship if the person has already lost capacity, which gives you similar powers to LPA, there’s no way to get an LPA if the person concerned has already lost capacity.
All banks publish their arrangements for dealing with situations like this or where someone’s capacity is limited. It will be on their website. I strongly suggest you look it up and use it to teach the bank…