Copies of POA

[J..]

My Mum has been diagnosed with Alzheimers within the last 6 months.

We have just had confirmation that her POA has been registered.

She was well enough to apply for it to be registered, with my sister and I as attorneys. The confirmation letter gave details of how to obtain copies of the POA.

Are we likely to need copies of these documents. We are unsure of how, in practice. we will use them. i.e. will we need to just present the originals, or will we need to provide copies?

 

[Charlyparly]

You probably won’t need a copy to be honest but it might be worth having one made and putting it away somewhere safe so that’s it there to hand if need be. You can guarantee if you don’t bother getting a copy someone will ask to see one and you’ll be scrambling around like mad trying to get one in a rush!

 

[jenniferpa]

Whatever you do, do NOT let the originals out of your hands. I can't stress this enough. I'm not saying that everyone has had the experience of having one of their certified copies lost, but it does happen.

At the very minimum you need 2 certified copies and quite possibly more depending on how complex the situation is. You tend to need less copies of a welfare LPA but you may well need more of a financial LPA or an EPA, particularly if you need to deal with a number of institutions at the same time and the certified copy has to be "sent to head office".

TO add to what charlyparly posted about - please keep the original in a safe place rather than one of the copies - it's that original you need to protect because my understanding is that you need that to create more copies if needed. A certified copy won't work for that.

 

[jan.s]

As Jennifer says, don't let the original out of your sight!

I had 2 copies of the finance LPA made by our solicitor, but only have one now! I think it was DWP who didn't return the copy, but whoever, it has now gone.

I keep the originals safely now, as they cannot be replaced.

Jan

 

[nitram]

"...A certified copy won't work for that..."

Actually it will - but you would most likely need to approach a senior manager with a sledge hammer and a copy of the Act!!!

3 (2)

Where a copy of an instrument creating a power of attorney has been made which complies with subsection (1) of this section, the contents of the instrument may also be proved by means of a copy of that copy if the further copy itself complies with that subsection, taking references in it to the original as references to the copy from which the further copy is made.

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

 

[nitram]

"...I think it was DWP who didn't return the copy..."

Your local Job Centre Plus will take a copy, certify it, and send the certified copy off to be registered on their system for free.

 

[jenniferpa]

Thanks nitram. As you say, though, I wouldn't want to have to try and get it accepted (that could be a winner in the "how many times can you use the word copy in a sentence" competition. )

 

[J..]

Originally Posted by nitram
"...I think it was DWP who didn't return the copy..."

Your local Job Centre Plus will take a copy, certify it, and send the certified copy off to be registered on their system for free.


Job Centre?
Does this mean they would hold an official copy for all government parties to access?

 

[nitram]

If the donor has capacity they can self certify copies.

Just preprint sheets with a footer of:-

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

and copy the registered LPA onto these sheets (If using a laser printer do a trial, the preprinted footer may refuse)

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/Governm...elaw/Mentalcapacityandplanningahead/DG_194861

 

[nitram]

"...Does this mean they would hold an official copy for all government parties to access?..."

No, just DWP

For Tax you can use an HMRC enquiry centre

 

[jan.s]

"...I think it was DWP who didn't return the copy..."

Your local Job Centre Plus will take a copy, certify it, and send the certified copy off to be registered on their system for free.

Thanks Nitram, that's worth knowing.

 

[Onlyme]

We had 3 copies and the original. At one point we only had one copy as some places seemed to take forever to return it. Everytime you go the bank we found you had to bring a copy with your and show them again even though the had seen it and taken a copy.

 

[Aquamanda]

When ours was registered a letter came from the Courts; I thought that would be proof enough - but no!
Apparently as we did it via a Solicitor, the originals went to her. She then sent one certified copy to my mothers home address. Any people you deal with will want this certified copy, not a photocopy of it. It is about 13 pages long and stamped all over. We have already sent it to the post office and they returned it very promptly; make sure you ask anyone that needs it to send it back recorded delivery but hopefully you could make appointments at banks etc and take it with you.

 

[Margaret W]

A solicitor will provide you with certified copies of the original to send out wherever you need to. It is suprising how many organisations need a copy - banks, DWP, insurers, care homes, hospitals. A solicitor shouldn't charge more than a couple of pounds per copy.

If they do, change your solicitor to mine!

Love

Margaret

 

[alexp]

I don't have the original POA but the solicitor gave me four certified copies. It was just as well as I had to send them to a lot of different organisations, especially once I was no longer able to forward my aunt's mail to our address.

I always asked for them to be returned, but HMRC haven't returned the copy they were sent, and another organisation admitted to losing theirs.

alexp

 

[nitram]

"... HMRC haven't returned the copy they were sent..."

With HMRC my local enquiry centre took a copy, certified it and sent the copy off to my wife's office be scanned into their system, the local office cursed the fact that they could not do the scanning and had to certify each page manually as they did not have a stamp.

My wife's Tax Office then returned it to me with a letter saying :-

"I have received the verified copy of the Lasting Power of Attorney.

I have noted my records and the original copy is enclosed. "

So I now have a copy certified by HMRC.

Main thing is it works.

 

[Ciderboy]

Sorry for jumping in on this thread but I thought my query would fit in well with it.

If a solicitor certifies a copy PoA should they sign it on each page?

When my parents moved house their solicitor provided them with some copies as a freebie. My mum has been sending them off everywhere for my dad but has today had one refused by a building society as it isn't signed on each page.

They've been accepted everywhere else without any problems so I'm not sure who's correct.

Help!

 

[jenniferpa]

Yes it should be signed on each page.

I'd be back to the solicitor - if I know this, so should they.

 

[Ciderboy]

Thanks Jennifer. I had a feeling that that would be the case

It's just as well the copies didn't cost anything.

 

[jenniferpa]

Well they may not have charged for them but I assume they offered to do them as a "sweetner" for doing the house conveyancing. So not exactly free, I wouldn't have said.