Joint Power of Attorney - Joint Access to Bank Account?

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Hayder Shkara

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16 January 2017
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Sometimes that tends to happen. But if 'severally' was crossed out on the POA form, then you should both have to sign on the account for any transaction to occur. Hence why your access online was cut off.
 

Rod

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But he was signatory to the account before...does the POA override this?

I'd have said not till revoked. Revocation could only happen by authorised person. Mother is no longer capable, and this POA (joint) requires two signatures so revocation would require two signatures to be effective.
 

Ian Curtis

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7 December 2016
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So maybe I should also make a complaint directly to the ACCC?

They got me to call ASIC who referred me back to FOS. The impression they gave was that I would have to take this to court if I wanted actual laws to be applied to this situation. I guess the bank knew this all along which is why they are making up the rules as they go along.
 

Ian Curtis

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7 December 2016
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this POA (joint) requires two signatures so revocation would require two signatures to be effective.

That is the logic we all seem to agree holds water however there is no explicit law one way or another and I cannot find any NSW precedents in austlii either.
 

Ian Curtis

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7 December 2016
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Sometimes that tends to happen. But if 'severally' was crossed out on the POA form, then you should both have to sign on the account for any transaction to occur. Hence why your access online was cut off.

But I was signatory to the account before the dementia. As Samantha notes: the question is whether the PoA overrides this.
 

Rod

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No, unless there is a valid and joint decision made under the POA.

All acts/decisions your mother previously made, including access to her account, remain valid acts.

Imagine telling a bank that she no longer has to pay the mortgage she signed because we now have POA. Or you telling the bank to transfer all your mother's money into your account just on your say, without your brother's permission.

I haven't checked timelines to know if you can still complain about the Bank's response. Clearly they avoided answering the question being asked. I'd go back to the FOS and complain about the Bank's failure to answer the question.
 

Ian Curtis

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7 December 2016
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Was told in another forum:
Most kinds of authorities granted by a person cease to have effect once the person either dies or ceases to have capacity (see Halsbury's at [15-370]). Exceptions exist for certain kinds of irrevocable authorities (enduring power of attorneys being one of the more obvious exceptions).

Not good news for me.