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The Guardian - UK
The Guardian - UK
Business
Anna Tims

Selftrade doesn’t understand how power of attorney works

share trading online
Reader has power of attorney over his mother's shares but is being hassled for ID.

My mother is 95 with Alzheimer’s and has about £40,000 in shares held with Selftrade. My half brother and I have an enduring power of attorney that is run jointly and severally, but I operate her Selftrade account independently as my brother has no idea about shares.

In April Selftrade began hassling me for photo ID for my mother. I told the company then, and subsequently, that she does not have any. Now, instead, it requires photo ID from my brother and has frozen her account until it is provided.

I have operated the account for several years now and it has never before mentioned my brother, who has had no contact with Selftrade. Surely the company cannot request, via me, details of the other attorney who has not sought permission to operate the account. It does not have his address or contact details and I am not going to provide them, as I am sure that would infringe data protection.

My mother needs access to her funds if they are required. Selftrade surely has no right to deny access because the other mentioned attorney has not registered with it. MA, Bournemouth

It would seem that Selftrade employees don’t understand the term “jointly and severally”. You have every right to administer the account by yourself (severally) and Selftrade has no business hassling you for your brother’s details. The company now accepts this and apologises for a “misunderstanding”.

“The implications of his authority to act severally under the enduring power of attorney were not fully understood by one of our team members,” says a spokesperson. “We have taken steps internally to ensure that such matters are understood by our staff, so that we can avoid this situation in the future.”

The Office of the Public Guardian has long been aware of the poor understanding of how power of attorney works: “We have been working closely with the financial sector to increase understanding of the role of attorneys and deputies and to encourage better customer service, and we have helped develop guidance for staff in banks and building societies,” says a spokesman.

If you need help email Anna Tims at your.problems@observer.co.uk or write to Your Problems, The Observer, Kings Place, 90 York Way, London N1 9GU. Include an address and phone number.

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