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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
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Experience:  English solicitor with over 12 years experience
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I have a general power of attorney for my father which was

Resolved Question:

I have a general power of attorney for my father which was signed in Oct 2012. He then was admitted to a care home in Nov 2012 as he was suffering from vascular dementia which is very rapid in developing. I need to access his finances in order to pay for his care but am having trouble accessing some but not all of his accounts. NSI and Lloyds bank have accepted the general power of attorney but the Post Office (bank of Ireland UK) will not and until I have full access to all of his accounts I can't make a full assessment of his finances and what he needs to pay. In the meantime Social services have been paying for his care but they are becoming impatient (understandably) after 15 months . The Post Office have asked me to prove the need for the general power of attorney and I have sent a letter from his doctor which clearly says that he had capacity when he signed it but has deteriorated since then. The Post Office are insisting on an Enduring power of attorney which has been processed through the court of protection. I fear this will take another 6 months or so. Are they legally able to do this? Why have some banks accepted this document and not the Post Office?
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

It is due to an internal policy of the Post Office, and in their account operating terms and conditions that they normally require registered EPAs or a property and financial affairs LPA. However, they do say that they may exceptionally accept unregistered powers of attorney so you may need to push your case harder for them to deal with you on the basis of the general power of attorney and show them evidence that NSI and Lloyds Bank have accepted the general power of attorney and that they should too.

So, it is not a question of legality, but a contractual matter which your father signed up to with the Post Office when he opened his account with them.

Hope this helps
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Category: Law
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