Can I operate tenants bank account for them with permission?

Can I operate tenants bank account for them with permission?

13:26 PM, 30th October 2014, About 10 years ago 33

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As some of you know, I’m pretty experienced in Housing Benefit …. well I think I am! ha ha.

The letter below basically explains my question to you all, as I was gonna’ ring the bank, but the robots in India won’t have a clue.

And then I thought Property118.com – There’s usually always someone on there with a useful opinion – some fools that haven’t got a clue, but some that do genuinely know or have had the experience.

Further to my letter/question below, would we then be able to change the address to one of my offices, so that I get bank statements, new cards etc.?

“Dear HSBC,

Can you confirm for me if it is perfectly legal for a tenant of mine to open a bank account to get her Housing Benefit paid into, to use this account just for Housing Benefit, & for the tenant to then give the Landlord the cash card & pin number for him to deduct the Housing benefit amounts ie. £470 every 4 weeks, out the bank machine in the wall?

If he has a full permission letter from the tenant saying he can use bank card & number to withdraw the Housing benefit money to pay the rent on the Landlords house she is living in?

She wishes to do this, as getting the Housing Benefit paid into her bank where all other direct debits are going out, is getting her into a mess & sometimes the Housing Benefit money is being used to pay other bills, so she is then short of funds to pay her rent.

So a separate bank account, where she has no access, as she also gets temptation to spend the money, would massively benefit her.

Any queries, please call me.

Yours sincerely,

Mick”cash


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Comments

All BankersAreBarstewards Smith

9:56 AM, 3rd November 2014, About 10 years ago

LPA's cost £hundreds !!!!!

Mark Alexander - Founder of Property118

10:15 AM, 3rd November 2014, About 10 years ago

Reply to the comment left by "Bruce Hogarth-Jones" at "03/11/2014 - 09:08":

Hi Bruce

I think you may be confusing Lasting Powers of Attorney "LPA's" with Powers of Attorney, they are very different.

LPA's only become effective if a person is deemed not be be compos mentis to make their own decisions by health authorities, e.g. they are in a coma.

Power of Attorney wouldn't help though because just like a standing order, direct debit or access to a bank account the permission could be removed at any time. Furthermore, if a tenant has no money (e.g. benefits are stopped) then there is nothing to be achieved either.
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All BankersAreBarstewards Smith

10:27 AM, 3rd November 2014, About 10 years ago

There are 2 types of LPAs I have discovered recently... one is if you want to appoint someone to run your business if you are unable to do so for whatever reason... and the other is one which is primarily aimed at giving someone else the authority to make medical decisions on your behalf if you are unable to do so and cannot communicate your wishes.

I have just done the former and what a perishing palaver - loads and loads of paperwork, getting several other people to sign stuff, they send it back to you, you then send it to other people, they return it.... blah blah....then finally sending it to be registered.... its taken months and is still not completed..... and its cost a lot... but for folks in business and who have no family it needs doing.....

Bruce Hogarth-Jones

10:28 AM, 3rd November 2014, About 10 years ago

Actually, I do understand the difference, as I am in practice as a solicitor and put both 1970 Act powers of attorney and LPAs in place for my clients. The difference is that an LPA has to be registered and, if the donor wants to revoke it, they have to notify not only the attorney (as is the case with a 1970 Act power) but also the Office of the Public Guardian. Until the OPG has acknowledged the revocation it is not effective. The OPG is notoriously slow........

Bruce Hogarth-Jones

10:36 AM, 3rd November 2014, About 10 years ago

Reply to the comment left by "All BankersAreBarstewards Smith" at "03/11/2014 - 10:27":

You are right, it is a palaver. And Mark was half right in saying they are for use when the donor lacks mental capacity, but there is a difference between the two types. The medical decisions one (LPA (Health and Welfare) can only be used if the donor has no mental capacity. The legal/financial one (LPA (Property and Financial Affairs) can be used if the donor is perfectly compos mentis, but it still has to be registered.

Mark Alexander - Founder of Property118

10:37 AM, 3rd November 2014, About 10 years ago

Reply to the comment left by "Bruce Hogarth-Jones" at "03/11/2014 - 10:28":

Given that you claim to be a solicitor I am shocked that you appear to be barking up the wrong tree in the context of Mick's question.

Prey tell me how would your propose to invoke powers under an LPA given what Mick is trying to achieve?
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Mark Alexander - Founder of Property118

10:46 AM, 3rd November 2014, About 10 years ago

Reply to the comment left by "All BankersAreBarstewards Smith" at "03/11/2014 - 10:27":

At the risk of repeating myself, LPA's are utterly irrelevent to helping Mick to achieve his objectives.

There are several posts regarding LPA's here at property118, simply type "Lasting Powers of Attorney" into the search bar at the top right of any page on Property118 and click search to find them.

To address the side issue raised though, the two types of LPA are:-

1) Health and Welfare Lasting Power of Attorney (LPA UK).

2) Property and Financial Affairs Lasting Power of Attorney.

I agree that for the untrained layman the setting up of LPA's can be extremely daunting. It is well worth paying for the services of a professional advisor.

For the avoidance of doubt, I do not provide services in respect of LPA's. I retired from practice in 2009.
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All BankersAreBarstewards Smith

10:55 AM, 3rd November 2014, About 10 years ago

Reply to the comment left by "Mark Alexander" at "03/11/2014 - 10:46":

Mark - I know they wont help Mick - that is why I posted what I did - to explain my experience of the processes of the business and financial affairs one !

I did indeed use a solicitor to get mine done....

Mark Alexander - Founder of Property118

10:59 AM, 3rd November 2014, About 10 years ago

Reply to the comment left by "All BankersAreBarstewards Smith" at "03/11/2014 - 10:55":

OK thanks, that's clearer now.
.

Mark Alexander - Founder of Property118

10:59 AM, 3rd November 2014, About 10 years ago

Reply to the comment left by "All BankersAreBarstewards Smith" at "03/11/2014 - 10:55":

OK thanks, that's clearer now.
.

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