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Acceptance of documentation

Discussion in 'Legal and financial issues' started by cathyc, Jan 26, 2015.

  1. cathyc

    cathyc Registered User

    Aug 22, 2013
    2
    Cornwall
    Along with my husband and my sister I have PoA for financial and Welfare issues for my Mum, who is 85 and has a diagnosis of Alzheimers. She lives alone and has carers in daily and some good friends. We all live a considerable distance away and visit when on holiday from our work. I have registered the PoA with her bank, Nat West, as well as with Dept of W and P when I applied for attendance allowance for her.
    Most recently I wrote to both Legal and General and SAGA and asked them to alter the address for correspondence to me, two reasons; one Mum tends to file things in one big heap and I might miss something important, secondly she can get in a bit of a state about accounts etc. and it can take me quite a while to get her out of that state. Legal and general accepted the certified copy from solicitor, together with proof of ID, and having sent written request from all those with Pof A they have now actioned my request.
    SAGA are refusing to accept the certified copy, they say it must have the solicitor's details on the front page. The solicitor says this is not the case and that they are in breach of the Code of Practice with their refusal. I re-tried and included the solicitor's covering letter which gave all of his address details etc. They are still refusing to accept the certified copy. Not quite sure where to go next, any ideas?
     
  2. nitram

    nitram Registered User

    Apr 6, 2011
    19,034
    Male
    North Manchester
    Send an email to Roger Ramsden asking why SAGA will not accept a Certified Copy of the LPA made in accordance with
    https://www.gov.uk/power-of-attorney/certify

    If they still refuse to accept the copy confront them with


    3 Proof of instruments creating powers of attorney


    (1) The contents of an instrument creating a power of attorney may be proved by means of a copy which—

    (a) is a reproduction of the original made with a photographic or other device for reproducing documents in facsimile; and

    (b) contains the following certificate or certificates signed by the donor of the power or by a solicitor[, authorised person] or stockbroker, that is to say—

    (i) a certificate at the end to the effect that the copy is a true and complete copy of the original; and

    (ii) if the original consists of two or more pages, a certificate at the end of each page of the copy to the effect that it is a true and complete copy of the corresponding page of the original.

    (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.

    (3) In this section [“authorised person” means a person (other than a solicitor) who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to any activity which constitutes a notarial activity (within the meaning of that Act) and] “stockbroker” means a member of any stock exchange within the meaning of the Stock Transfer Act 1963 or the Stock Transfer Act (Northern Ireland) 1963.

    (4) This section is without prejudice to section 4 of the Evidence and Powers of Attorney Act 1940 (proof of deposited instruments by office copy) and to any other method of proof authorised by law.

    (5) For the avoidance of doubt, in relation to an instrument made in Scotland the references to a power of attorney in this section and in section 4 of the Evidence and Powers of Attorney Act 1940 include references to a factory and commission.

    >>>POWER OF ATTORNEY ACT<<<

    Don't relent and send them the original.
     

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