Help for mum!!

[stunner1901]

I have no idea where to post this so apologies if i have done wrong!

My dad passed away 2 months ago and he had a ex miners pension which a small portion is now due to mum

This is the problem though. Mum has never had a bank account and Aviva are saying they cannot pay into my account

The DWP have no issues with paying her state pension into it yet these are adamant that unless i get POA they will not pay her.

Is this legal as she has given permission verbally and we have sent copy bank statements showing her pension going into my account

To me they are just trying to hold out from paying what she is due

She is too ill to go to a branch to open an account but they dont seem bothered

Any advice very gratefully received

[Peridot]

Hi Stunner1901,

Frustrating as it is I suspect they are able to insist on a bank account being in her name, if nothing else to ensure your mum gets the benefit of the money as far as they are able. I suppose although irritating for you both, it is understandable otherwise anyone could give verbal instruction to pay money to all sorts of places, to then find the person you were speaking to wasn't who they thought or they had been forced into this in some way. I am not of course suggesting this is the situation here, but financial institutions do have to be very careful these days from whom they obtain instructions and make payments, which I suppose is for our benefit in the long run.

Could your mother not prepare a power of attorney appointing you? This may help you. I would suggest an ordinary power of attorney would be appropriate for this situation but it may be worth thinking longer term and considering a Lasting Power of Attorney for the future? https://www.ageuk.org.uk/information...r-of-attorney/

Provided your mum has full mental capacity she can create a power of attorney. The document has to be signed and witnessed correctly but there are plenty of free templates on the internet available to download or to copy. Your mum would need to make sure it is a UK power of attorney and that she states exactly what it is in relation to ie the setting up of a bank account or allowing any pension to be make arrangements for the payment of the pension to your account.

Do you control your mum's money pension, benefits etc? If that is the case it would be sensible for you and your mum to protect yourselves to ensure there can be no allegations of undue influence in the future, hence it may be sensible to have a lasting power of attorney created and a bank account that is solely your mum's, even if you have access to it. Then if you were ever asked you can demonstrate that your mum has the benefit of and controls her own income, albeit with your assistance?

Hope this helps.

[2222]

What an interesting question! Clearly, Aviva are not really being awkward to save paying out the money. They have an obligation to make the payments, and dealing with the admin of not paying it is probably costing them a fortune.

The first thing I would do is see whether you can just set up a bank account for your mother online. They don't cost anything, and all the major banks offer basic accounts. Details here:
https://www.moneyadviceservice.org.u...-bank-accounts

If that works, then great, just go with the flow. If not, then make a formal complaint to Aviva, and hopefully the complaint will get escalated to someone who can help you out. The trouble is that they need to comply with government regulations on money laundering. Also, paying into her own account has other advantages to them. Almost certainly, they are within their rights, I am afraid.

The other possibility is to get a POA. That may save an awful lot of trouble in future, and it's free if your mum is on certain benefits.

[2222]

As Peridot says, having a separate bank account means that you can show mum's money has been spent on her, in case of somebody challenging you. Speaking of which, are there any friends or relatives who might take an interest?

[ploddertom]

I use a Cooperative Cashminder account, works just like any current account but has to be in credit if only 1p.

[stunner1901]

Thanks for all replies. I am frustrated because it is stressing mum and have phoned lloyds to see if i could add mum to my account but she would have to go to the branch which is difficult for her at present.
POA is the easiest option but at present we cannot afford it until some funds are paid. Hence more frustration.
i will look into POA unless i can find an online bank that doesnt require visiting a branch
Thanks again

[2222]

Thanks for all replies. I am frustrated because it is stressing mum and have phoned lloyds to see if i could add mum to my account but she would have to go to the branch which is difficult for her at present.
POA is the easiest option but at present we cannot afford it until some funds are paid. Hence more frustration.
i will look into POA unless i can find an online bank that doesnt require visiting a branch
Thanks again

I opened an account online with Nationwide a few weeks ago. And a business account with Natwest. I didn't budge from my chair to do it.

[Peridot]

Hi Stunner1901,
She can do a POA herself there are templates on line. Provided all above board and documented there shouldn't be any come back.