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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11449
Experience:  30 years as a practising solicitor.
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My sister had a UK Bank account with Santander before

Resolved Question:

My sister had a UK Bank account with Santander before emigrating to New Zealand. She has recently been diagnosed with dementia/alzeimers and her doctor has provided a letter confirming her inability to take decisions. Her daughter also lives in New Zealand and has a New Zealand Power of Attorney. I have copies of all the relevant documents.
I have contacted Santander on their behalf to try and find out whether what is in the account is sufficient to help pay for my sister's care. Whilst they have confirmed that the account exists and has a sizeable amount in it they cannot comply with a New Zealand PoA to reveal specific details nor to release it.
So I applied to the UK Financial Ombudsman for assistance and got my niece to complete forms. Still no luck.
As a last straw attempt to get for my sister what is rightfully hers I have been advised to apply for a Court Order.
My question therefore is - can a Court Order help in circumstances such as briefly described above? And, if so, how do I go about obtaining one?
Submitted: 11 months ago.
Category: Law
Expert:  JGM replied 11 months ago.

There is no reason in principal why Santander cannot take account of a New Zealand power of attorney and release the requested information to the attorney. You might want to get an English lawyer to examine the Power of Attorney and express a written opinion as to whether the POA complies with the requirements of English law. The chances are that it might, given that the laws of England and New Zealand aren't too far a part when it comes to executing documents. If that doesn't work then you will have to go to the Court of Protection for a court order and that will require the services of a solicitor as the application may not be straightforward. It can be tedious enough even without the international dimension. I hope that helps. Please leave a positive rating so that I am credited for my time.

Customer: replied 11 months ago.
Many thanks. Very clear guidance which was what I sought. 4 Stars.
Expert:  JGM replied 11 months ago.

Thanks, don't forget to leave positive rating on the system so that I am credited for my time.

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