Q&A: Why are we waiting?

Q: I recently lost my father after a short battle with cancer. He was my mother’s full time carer, she has very advanced Alzheimer’s. Both my parents' wills and Lasting Powers of Attorney are straight forward, which offered some relief after an emotional few months. However, while some organisations are working seamlessly with us, others are making it much more difficult - like my mother’s bank. So far it has taken us more than six months to get them to recognise my mother’s LPA. Why is it taking so long? The stress is really taking its toll on my family.

A: I’m sorry to hear that you’re going through such a tough time. It must be very difficult for you having to deal with your father’s death and then worry about how your mother will be cared for.

Online or on the high street?

You do not mention who your mother banks with. We wrote a blog recently about challenger banks that offered online-only or in-app based services that can be more difficult for attorneys to access. They may also be seen as an online asset so these need to be considered very carefully.

If it is a high street bank, then yes, you’re quite right, the service in our experience varies massively. There has been huge pressure on the financial services industry to get tough on fraud - but it seems that now they are so tough it’s preventing people from accessing their own money.

Keeping the balance

It’s difficult, because, on the one hand you need the peace of mind, knowing that a financial institution like your mother’s bank is doing all they can to protect you and her, but on the other, it’s not helping an already-emotional situation. Particularly, as an attorney, you will be doing all you can to act in your mother’s best interests.

A solicitor can help and here at Downs Solicitors we can offer advice to attorneys and assist them in submitting what they need to manage the donor's finances. We can also help avoid attorneys making mistakes that could cause difficulties at a later date - particularly as ignorance is no excuse.

Contact the Private Client team at Downs Solicitors to see how we can help.


Liz Dalgetty

Liz Dalgetty

Consultant Solicitor & Notary Public

Tel: +44 (0) 1306 502251

Office: Dorking Office

Email: l.dalgetty@downslaw.co.uk