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Thread: power of attorney

  1. #1
    Coaching Staff Waddie's Avatar
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    power of attorney

    Because I am away a lot I gave Mrs Waddie an Enduring Power of Attorney so that she could deal with anything that cropt up whilst I was away.

    At some stage this EPA was sent to an insurance company.

    I have just spent an hour or so on the phone with the respective company trying to organise a transfer of some pension funds and half way through a conversation with the second person he stated that there is a power of attorney attached to this policy and he can't carry on talking to me!!!!!!

    Now after being subject to their repetitive questioning etc etc this just put me over the edge and my voice was raised a decibel or two!

    Was then passed to someone in the administrative dept who said that they would look into this, even though I pointed out that a power of attorney allows someone else to act on my behalf but does not stop me from doing so, in fact on certain websites it is recommended that anyone over 18 should have a P of A, so basically if everyone did so the no one could act on their own behalf!

    Good point he said, and we will look into it, but meanwhile to process your request if your wife could give us the details it would save you time.

    So, there I was standing next to Mrs Waddie as she was asked the same questions that I had already been asked, and obviously prompted her with the correct answers, fucking frustrating or what!!!!

    So my question is, was the insurance company correct in their interpretation of EPA in that only my wife could deal with them or am I correct in assuming that they should have dealt with me?

    Haven't bothered re reading this as I am still fucking fuming and basically feel humiliated!
    Bald and proud

  2. #2
    Manager Liberation's Avatar
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    Quote Originally Posted by Waddie View Post
    Because I am away a lot I gave Mrs Waddie an Enduring Power of Attorney so that she could deal with anything that cropt up whilst I was away.

    At some stage this EPA was sent to an insurance company.

    I have just spent an hour or so on the phone with the respective company trying to organise a transfer of some pension funds and half way through a conversation with the second person he stated that there is a power of attorney attached to this policy and he can't carry on talking to me!!!!!!

    Now after being subject to their repetitive questioning etc etc this just put me over the edge and my voice was raised a decibel or two!

    Was then passed to someone in the administrative dept who said that they would look into this, even though I pointed out that a power of attorney allows someone else to act on my behalf but does not stop me from doing so, in fact on certain websites it is recommended that anyone over 18 should have a P of A, so basically if everyone did so the no one could act on their own behalf!

    Good point he said, and we will look into it, but meanwhile to process your request if your wife could give us the details it would save you time.

    So, there I was standing next to Mrs Waddie as she was asked the same questions that I had already been asked, and obviously prompted her with the correct answers, fucking frustrating or what!!!!

    So my question is, was the insurance company correct in their interpretation of EPA in that only my wife could deal with them or am I correct in assuming that they should have dealt with me?

    Haven't bothered re reading this as I am still fucking fuming and basically feel humiliated!


    God knows and this won't help but they've all gone daft over this type of thing....... My wife ( of 30 years at the same address ) can't even discuss our Gas/Lecy or Telephone bill over the phone because my name is on the bill..... Then I have to ring up later ( or be just passed the phone ) and go through it ( however trivial it was ) and answer the questions..... She's had to set up passwords etc to be acknowledged in future......... I suppose adding her name to the bills was an option but I couldn't be arsed with the effort and proof they required.............
    Vote For John Brown

  3. #3
    Coaching Staff FredElseFlyer's Avatar
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    The insurance company is wrong. My wife and I gave our son an EPA so he could sort things if we ever became incapable. This was years ago and we have had no problems since.
    On Libs point these companies will only deal with the named account holders.

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  4. #4
    Coaching Staff Waddie's Avatar
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    One of the reasons we did an EPA was so that Mrs Waddie could deal with gas, leckie etc as she often told me how frustrated she was when they wouldn't talk to her, but having to listen to the insurance company ask my wife questions that she could not answer without my prompting, and them knowing I was stood next to her was frustrating with a fucking capital F.

    Had some wine some so coming off the ceiling now.
    Bald and proud

  5. #5
    Manager Joanpne's Avatar
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    To be fair the Insurance Company do not know you personally or your circumstances surrounding the EPA, for all they know you could have a physical/mental illness that prevents you from dealing with your own affairs. I know it’s frustr for you but you know your circumstances, they were simply trying to protect your interests. It is an usual reason to have an EPA to be honest.
    No wums please - low patience threshold

  6. #6
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    An EPA in relation to health and welfare can only be used in the event of a loss of capacity by the donor. An EPA in relation to property and financial affairs does not have the same requirement and can be used at any point after registration - the only requirement is that the person using the Power must have the consent of the donor. The Mental Capacity Act states that someone is presumed to have capacity unless it can be shown that they haven't.

    On that basis the insurance company is wrong not to deal with you directly.

  7. #7
    Coaching Staff Waddie's Avatar
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    Quote Originally Posted by Retfordpete View Post
    An EPA in relation to health and welfare can only be used in the event of a loss of capacity by the donor. An EPA in relation to property and financial affairs does not have the same requirement and can be used at any point after registration - the only requirement is that the person using the Power must have the consent of the donor. The Mental Capacity Act states that someone is presumed to have capacity unless it can be shown that they haven't.

    On that basis the insurance company is wrong not to deal with you directly.
    Pete,

    Where can I find the relevant legalese to point out to the insurance company the error of their ways?
    Bald and proud

  8. #8
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    Quote Originally Posted by Waddie View Post
    Pete,

    Where can I find the relevant legalese to point out to the insurance company the error of their ways?
    Slight error in my last message - I was referring to Lasting Powers of attorney not Enduring ones! I've not dealt with EPAs as it's been LPAs for the past 10 years or so. If it is EPA your after I'm not much help.

    For LPAs the website of the Office of the Public Guardian is a good place to start - it has lots of information about LPAs.

  9. #9
    Coaching Staff Waddie's Avatar
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    Some good reading there Pete , and everything I read appears to back me up.

    There are plenty of reasons why someone would want an EPA (now superceded by an LPA) as in my case it was simply that I was away at sea and my wife could not conduct our necessary affairs with having the power of attorney. Another scenario would be an individual ill or in hospital and required someone else to conduct their affairs. It is not just for those people with mental issues, however if the donor (me) were to become mentally incapable then the attorney (my wife) would then have to register the EPA, and even then the donor must still be involved in the decision making where possible.

    My EPA has not been registered (still got me marbles ) and if it were then I could understand the Insurance companies stance. I believe that it would be clear that it was registered so I believe the insurance company is totally ignorant in the case of EPAs and this is not what you would expect of such a major company!
    Last edited by Waddie; 13-10-2017 at 01:43 PM.
    Bald and proud

  10. #10
    Coaching Staff Waddie's Avatar
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    Just had a phone call from the insurance company in connection with my call last week.
    The call actually had nothing to do with the problems I encountered but with my actual policy. I had to ask the young chap why he was talking to me as the last person refused to do so. "Because I've been told that I can"
    " So you were wrong not to talk to me last week"
    " Yes"
    " Would have been nice to receive an apology"

    I am sure that an apology will be forthcoming as a very very strongly worded letter is winging it's way to them accusing them of ignorance of the use of powers of attorney and more importantly, assuming that I was mentally incapacitated!
    Bald and proud

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