Ordinary Power of Attorney

[frostysnowman]

Hi there,  I hope someone - possibly a moderator - can help me with this because I have had no luck with customer services.

I have a power of attorney to deal with my mother's affairs.   It is an "ordinary" power of attorney under English law as she retains mental capacity although she is in a care home and does not want to deal with day to day financial affairs herself.    An ordinary power of attorney is a legal right to deal with things on behalf of anther person.

BT however say that they only "recognise" Enduring Powers of Attorney or Lasting Powers of Attorney.   But these relate to acting on behalf of people who have lost mental capacity which is not the case with my mother.

I have sent a certified copy of the PoA to BT which they acknowledge but refuse to act upon.  What can I do?   Just for context all the banks, financial institutions and utility companies I am dealing with on her behalf recognise this PoA and are happy to act on my instructions given under it - just not BT!

I believe that the PoA gives me the right to deal with things on behalf of the donor of that power so I don't actually think BT are entitled to refuse to act upon it.  Can you suggest how I might progress this issue?

I'd be very grateful for any help unblocking this.

Many thanks.

[John41]

BT is right you need enduring power of attorney which have now been replaced by lasting power of attorney. With enduring poa you have to register it if your mum loses mental capacity. With the new lasting power of attorney you can use it to deal with your mum finances whilst she still has capacity, she just need to tick the right box. In my case I have ticked the box the poa can be used even if I still have capacity. All you need to do now go and fill an application online, very simple process and easy to do without a solicitor. You do need to do it whilst your mum has still got capacity to give consent and sign the form. Much cheaper if you do it yourself and just pay for it to be registered. Warning, it does take ages for it to be registered. Hope this helps

[RobbieMac]

Hi @frostysnowman

Thank you for your post and welcome back!

I am sorry for the confusion around dealing with your Mum's account.  Here is more info on the PoA we accept:  What Power of Attorney (PoA) does BT accept?

Thanks,

Robbie

[frostysnowman]

Thank you both for your replies.

The problem here seems to be that BT does not realise that there are other forms of power of attorney than an Enduring Power of Attorney or Lasting Power of Attorney.

I hold a General (or "ordinary") Power of Attorney.   This is a legal right to manage someone else's affairs.   For example please see below for an explanation of the differences:

https://www.ageuk.org.uk/information-advice/money-legal/legal-issues/power-of-attorney/

or https://www.citizensadvice.org.uk/family/looking-after-people/managing-affairs-for-someone-else/

@RobbieMac  Thanks for the link but I am familiar with the information on BT's website about PoAs.  My point however is that this guidance is incomplete in that it simply does not deal with the situation of General (or ordinary) Powers of Attorney.     I don't think it is possible for BT to, in effect, say that it will "ignore" the existence of ordinary PoAs as these create full legal rights to manage another person's affairs.   

I am quite surprised this issue has not come up before as while "ordinary" PoAs maybe less common than Lasting or Enduring PoAs they are still used widely.    I would respectfully suggest that to resolve this needs someone within BT with some legal as well as customer service knowledge and if anyone could give me any pointers in this respect I'd be very grateful.

Thanks

Frosty

[AlanC4]

Whatever you do,seek legal advice from your solicitor. We have recently had new Lasting Power of Attorney (LPA) issued for property and financial affairs, and a separate one for health.  Our solicitor was very patient in explaining the differences, as the law for attorneys had changed, and IF you need to make decisions over health for example, a Lasting Power of attorney is the only one we were advised would be accepted.  It is a minefield of do's and don'ts, and should your LPA be put to use and your attorney had to call, for instance, BT, your attorney would be able to quote a reference number to confirm that your attorney has the right to act on your behalf, which BT would be able to check.