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Credit card and record of deceased

including wills and probate
Lootman
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Re: Credit card and record of deceased

#377519

Postby Lootman » January 15th, 2021, 3:00 pm

yorkshirelad1 wrote:a) power of attorney ceases on death
b) whether a power of attorney can act as an executor seems a very complicated area (Google is your friend) and you would be well advised to get good advice if you want to go down that avenue.

Regarding your (b) someone holding a POA can absolutely also act as an executor for the same person. I have performed both roles before.

Just not at the same time!

Effectively having both powers means that you have seamless and uninterrupted power and authority to legally act for another.

yorkshirelad1
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Re: Credit card and record of deceased

#377636

Postby yorkshirelad1 » January 15th, 2021, 9:19 pm

Lootman wrote:
yorkshirelad1 wrote:a) power of attorney ceases on death
b) whether a power of attorney can act as an executor seems a very complicated area (Google is your friend) and you would be well advised to get good advice if you want to go down that avenue.

Regarding your (b) someone holding a POA can absolutely also act as an executor for the same person. I have performed both roles before.
Just not at the same time!
Effectively having both powers means that you have seamless and uninterrupted power and authority to legally act for another.


Yes, agreed. I've done it too, for my mother, transition from POA to (sole) exor; I guess others have too. I didn't express myself clearly: I was referring to whether if you have POA for someone else who is an executor and they cannot/will not act as executor, whether you can act as exor in their place.

YL

"Effectively having both powers means that you have seamless and uninterrupted power and authority to legally act for another": I did enjoy the undertones of meglomania :-)

yorkshirelad1
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Re: Credit card and record of deceased

#377641

Postby yorkshirelad1 » January 15th, 2021, 9:48 pm

Sunnypad wrote:
yorkshirelad1 wrote:
Sunnypad wrote:Thank you Clitheroe and Yorkshire
I'll stop worrying then
I had stopped worrying but the arrival of the credit card threw me, probably along with the state of my brain at the moment but
that's not for this thread
I wouldn't mind sorting stuff out myself but with mum being the executor, they always need her to be involved. Interestingly I said to the card company yesterday that I have Power of Attorney and they said "that's no good, we have to hear from her".
Thank you all, really appreciate it.


IANAL but
a) power of attorney ceases on death
b) whether a power of attorney can act as an executor seems a very complicated area (Google is your friend) and you would be well advised to get good advice if you want to go down that avenue.
c) quite a number of organisations struggle to deal with POA (just read the Money sections of the Saturday papers for the letters and articles from anguished offspring and relatives etc who have seriously struggled with being able to use POA with e.g. utility companies and banks).


Sorry I wasn't clear
I have PoA for mum so I thought, if they want to speak to her about dad's card, they should be able to speak to me instead.


This may be of interest:
https://www.willwriters.com/blog/case-update-court-rules-that-an-attorney-can-replace-an-executor-who-lacks-capacity/

Mike4
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Re: Credit card and record of deceased

#377677

Postby Mike4 » January 16th, 2021, 1:55 am

supremetwo wrote:
P.s. I've just tried to find an article I read recently (Centrica?) that job descriptions for your industry might be changed to attract more females.
So will you need to become 'Mike the boilerperson'? :-)


Curiously this might sidestep a minor problem that cropped up a year or two ago. I now have a doppel/imposter using the same trading name as me. Fortunately he is in Liverpool but I still get a trickle of phone calls for him, so a small proportion of people are obviously confused.

I've taken legal advice and bottom line is my lawyers think the distance between us would undermine any attempts to pursue a claim of passing off, so forget it and leave them to it.

UncleEbenezer
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Re: Credit card and record of deceased

#377717

Postby UncleEbenezer » January 16th, 2021, 10:15 am

Mike4 wrote:
supremetwo wrote:
P.s. I've just tried to find an article I read recently (Centrica?) that job descriptions for your industry might be changed to attract more females.
So will you need to become 'Mike the boilerperson'? :-)


Curiously this might sidestep a minor problem that cropped up a year or two ago. I now have a doppel/imposter using the same trading name as me. Fortunately he is in Liverpool but I still get a trickle of phone calls for him, so a small proportion of people are obviously confused.


Mike the boilerplate?

I'm reminded of Mike Rowe's little business, mikerowesoft.

Sunnypad
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Re: Credit card and record of deceased

#378443

Postby Sunnypad » January 18th, 2021, 8:18 pm

Just to update

Spoke to the company with mum present, she had to speak to them a couple of times though I really don't see why

It was grim. The death certificate on the table and mum trying not to cry, all for business that should have been sorted ages ago.

The chap on the phone said bluntly "we have all the solicitor paperwork here, they have done their job properly - we haven't and I really apologise for the distress".

We now await confirmation in writing.

yorkshirelad1
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Re: Credit card and record of deceased

#378471

Postby yorkshirelad1 » January 18th, 2021, 11:13 pm

Sunnypad wrote:Just to update

Spoke to the company with mum present, she had to speak to them a couple of times though I really don't see why

It was grim. The death certificate on the table and mum trying not to cry, all for business that should have been sorted ages ago.

The chap on the phone said bluntly "we have all the solicitor paperwork here, they have done their job properly - we haven't and I really apologise for the distress".

We now await confirmation in writing.


Glad you've got it sorted.
It's can be a bit traumatic.
I don't think companies mean to be uncaring, but sometimes it happens, and can take a bit of sorting. It they make amends when you point things out, then fair's fair. If they drag their heels, they should show a bit of compassion.


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