Another Lasting Power of Attorney Question
- Thread starter Di*
- Start date
Try the legislation instead of the guidance
3 Proof of instruments creating powers of attorney.
(3)
In this section [F5authorised 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 M1Stock Transfer Act 1963 or the M2Stock Transfer Act (Northern Ireland) 1963.
www.legislation.gov.uk
3 Proof of instruments creating powers of attorney.
(3)
In this section [F5authorised 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 M1Stock Transfer Act 1963 or the M2Stock Transfer Act (Northern Ireland) 1963.
Powers of Attorney Act 1971
An Act to make new provision in relation to powers of attorney and the delegation by trustees of their trusts, powers and discretions.
I think I’ve found it ? now to read it
@Di* To save you the trouble, I have already looked through that legislation and can't see anything with regards to who can certify a copy of an LPA, although if you do have a few hours to spare here is a link to the contents headings rather than the entire legislation to make it a bit easier https://www.legislation.gov.uk/uksi/2007/1253/contents/made.
The OPG states that it can be either a solicitor or a notary so best to go with what they say. I found that getting copies from a solicitor wasn't difficult, although worth shopping around as prices can vary.
The OPG states that it can be either a solicitor or a notary so best to go with what they say. I found that getting copies from a solicitor wasn't difficult, although worth shopping around as prices can vary.
I did both of dad's LPAs online and it was okay two neighbours were witnesses and one was a certificate provider. My brothers used their adult pupils as witnesses and then I sent them both to the OPG.
They are now about £85 to do online.
MaNaAk
They are now about £85 to do online.
MaNaAk
thank you. We’ve done all that and registered it. I need a copy now. That’s the problem
If you need a copy of the LPA specifically for DWP benefit purposes then the Job Centre will certify one copy for you. This can only be used for DWP related purposes though - it will not be valid for other reasons as it has not been certified by a solicitor or notary.
We got one copy certified at the Job Centre as Mum was receiving benefits and after we notified the DWP that we held financial LPA they requested a certified copy. We later went a bit overboard and got 12 extra copies of the financial LPA certified by a solicitor as we thought that we'd need them when selling mum's house, to contact utility companies etc. However we didn't need them at all as all the changes of address notifications, ending utilities contracts etc could all be done online without needing to produce a copy of the LPA and it was just a case of taking the original LPA to the solicitor conducting the sale and they certified it themselves. At least we will have certified copies to hand if needed at a later date!
Unless you have a friend who is a stockbroker a solicitor is likely to be cheapest but get several quotes for this and make sure they understand that they have to sign and date and stamp every page of every copy. I went to one who hadn't done it before and didn't know how much time it would take.
Hi @Di* I was quoted £25 per copy for a solicitor to do certified copies for me last month. Solicitor said he could do them whilst I waited, as it is I haven't got done yet as thought I needed for dad to go into respite care etc but dad has refused however I will at least now know where to go when needed.
I agree with this.
From the posts over the years it seems that different areas of the country get charged different rates, I got mine certified in my local town, whereas if I'd got them done at a city solicitor near to where I work they would have cost a lot more.
Try phoning round different solicitors within a sensible travelling distance of you.
Also beware that come companies insist on certain wording, I had been correctly certified, and some were accepted and some were returned needing additional wording which I had to go back to the solicitor for.
Can the Post Office then certify the copies or does one still have to go to a solicitor?
The donor themselves can certify a copy but it involves writing out a lot of script on each page.
www.gov.uk
Make, register or end a lasting power of attorney
How to make a lasting power of attorney (LPA): starting an application online, choosing an attorney, certifying a copy, changing an LPA.
