POA - Have the rules been changed recently?

[Soobee]

I got POA for both parents at the end of 2010 and received an office copy of each document. This has the pinprick verification at the bottom of each page and Office Copy page 1 of x along the top. Where there are blank spaces the OPG has stamped it.

I have been told by two different organisations recently (a share company and ns&i) that an office copy now needs to be hand-signed by a solicitor on every single page (a stamp will not do) and I have to send it to them.

Have the rules changed? I reckon it will cost me a fortune to get a solicitor to handwrite their signature on each page. Why did they not do that to start with?

 

[nitram]

I had this problem but a copy of and a statement that if they would not accept the office copy within 7 days I would ask the COP for a formal ruling did the trick.


EDIT
Link to Schedule 1 of the MCA 2005
http://www.legislation.gov.uk/ukpga/2005/9/schedule/1

 

[nmintueo]

nitram, does that mean you were able to get the first two office copies of each LPA from the OPG on request at no charge, with that useful cover letter, and further copies would cost £25 each?

I see there's a proposal for "Discontinuing the production of LPA office copies by the OPG, except in extreme and limited circumstances, and for a £50 fee", so maybe the rules have changed since last year.
http://www.justice.gov.uk/downloads/consultations/opg-fees-consultation-response.pdf

(They've already enacted another proposal there of "Raising the LPA/EPA Application to Register fee from £120 to £130").

Reading further, it looks like the conclusion was that the OPG "will discontinue the production of free office copies at the registration stage". Says also:

We accept that the proposed level of £50 for this fee seems disproportionate. We have reviewed of the process of producing office copies, the level of resource involved, and charges for similar operations in other parts of Government. As a result we intend that the fee in such circumstances will be £35 per copy rather than the £50 fee consulted upon.
This service will, however, still only be available where a registered LPA is lost or in other exceptional circumstances.

Oh, well. I suppose if they charge only £130 to register a document, they can't possibly afford the resources to make a photocopy as well.

Elsewhere, an older document from 2009 still says:

Guidance for people who want to make a lasting power of attorney for property and financial affairs

Where do I get extra copies of the registered LPA?
The OPG can supply office copies of the original LPA document and may charge a fee. Solicitors can also certify copies as being true copies of the original and they may also charge.
Please note: To ensure that a copy is acceptable, check first with the organisation/institution who needs to see the LPA.

http://www.justice.gov.uk/downloads...nancial-affairs-guidance-large-print-1009.pdf

 

[nitram]

"...nitram, does that mean you were able to get the first two office copies of each LPA from the OPG on request at no charge, with that useful cover letter, and further copies would cost £25 each?..."

Yes, that was before the Oct 1st 2011 change to no free copies and ones at £50 in exceptional circumstances

"...Please note: To ensure that a copy is acceptable, check first with the organisation/institution who needs to see the LPA.

http://www.justice.gov.uk/downloads/...print-1009.pdf "

If any organisation refused to accept a certified copy I would refer them to S3 in

http://www.legislation.gov.uk/ukpga/1971/27


Don't forget that a donor who is still capable can self certify a copy of a registered power

Getting a copy of your Lasting Power of Attorney

You will be supplied with your registered Lasting Power of Attorney.

The donor can make certified copies of the Lasting Power of Attorney if they still have mental capacity. This can be done by copying the registered document and writing the following text at the bottom of each page:

I certify that this is a true and complete copy of the original Lasting Power of Attorney

The donor must then sign the bottom of each page.

If the donor does not have mental capacity, a solicitor can make certified copies of the Lasting Power of Attorney.

http://www.direct.gov.uk/en/Governme...head/DG_194861

EDIT link not working try

http://www.direct.gov.uk/en/Governm...elaw/Mentalcapacityandplanningahead/DG_194861
This can be done by copying onto sheets with preprinted footer of

I certify that this is a true and complete copy of the original Lasting Power of Attorney


and signing and dating

 

[nmintueo]

Oh, I see. An 'office copy' from the OPG gets special recognition in the 2005 Act, so that should solve Sobee's problem. Otherwise, 'certified copies' under the 1971 Act stipulate signed certification on each page.

Thanks, nitram. No wonder those organisations are confused - who wouldn't be?

 

[nitram]

The 'office copies' are validated by piercing on each sheet.

Do you think that the OPG would get away with providing 'office copies' for £25 (old price) or £50 (new price) if they were no different from uncertified copies?

 

[nmintueo]

Ah, yes. The 2005 Act uses the term 'office copy' but doesn't define it, as far as I can see.

Looks like they realised that and added an amendment a few years later:

The Public Guardian (Fees, etc.) (Amendment) Regulations 2009
Amendment of the Public Guardian (Fees, etc.) Regulations 2007
This section has no associated Explanatory Memorandum
3. In regulation 2 (interpretation), after the definition of “court”, insert—
““office copy” means a true copy of the original marked by the Public Guardian as being an office copy;”.
http://www.legislation.gov.uk/uksi/2009/514/regulation/3/made

- office copy "marked by the Public Guardian", vs certified copy with "certificate ... signed by ... a solicitor ... at the end of each page".