1. Q&A: Lasting Power of Attorney (LPA) - Thursday 27 Sept, 3-4pm

    Power of attorney (LPA) is a legal tool that gives another adult - often a carer or family member - the legal authority to make decisions on behalf of someone with dementia, if they become unable to themselves.

    Our next expert Q&A will be hosted by Flora and Helen from our Knowledge Services team. They will be answering your questions on LPA on Thursday 27 September from 3-4pm.

    You can either post questions >here< or email them to us at talkingpoint@alzheimers.org.uk and we'll answer as many as we can on the day.

Certified copies of Finance LPA

Discussion in 'Legal and financial issues' started by judyri, Sep 11, 2018.

  1. judyri

    judyri Registered User

    Mar 2, 2010
    99
    Think I just want to vent a little !

    I have PoA for my uncle, whose financial affairs are ... extensive. Accounts with 12 different banks and building societies, 3 sets of shareholdings, just for a start. So last month I started the process of registering the PoA with each of them. The ones I can visit in person, taking the original with me aren't too bad. It's the ones where I have to post a certified copy that are causing a real headache. Each time I do this, it takes about 10 days to turn the thing around. I started the process with the outfit that do premium bonds in the first half of last month. They said the PoA was fine, sent it back, but they didn't like the wording the solicitor had provided on the 2 copies he gave me with the original, so would I get it redone. I did, sent it off again, and as of today, it's still not back with me, so Inland Revenue are held in a queue for it, ahead of 7 other institutions all of whom will only accept it by post. Today I had an email from one of the investment companies, asking for a *different* wording to the 2 I've so far obtained from the solicitor, so I now have to get a 3rd certified copy for them.

    Is all this usual ? Surely it wouldn't be beyond someone's wit to come up with a standard form of certification everyone can accept, would it ? Meanwhile, I'm gazing moodily at the prospect of taking at least from now until Christmas to get access to his full portfolio so I can make sensible arrangements for his nursing home fees.

    Most frustrating !
     
  2. nitram

    nitram Registered User

    Apr 6, 2011
    16,154
    Male
    North Manchester
  3. judyri

    judyri Registered User

    Mar 2, 2010
    99
    Thanks.

    Unfortunately, my uncle, the donor, is in hospital 200 miles away from me, and is beyond the stage where he would be able to write on each of the 16 pages. So I have no choice but to get it done by a professional, which still leaves the issue that the different institutions seem to have their own requirements as to how the solicitor words their certification.
     
  4. nitram

    nitram Registered User

    Apr 6, 2011
    16,154
    Male
    North Manchester
    If you have not got a copy certified according to the legislation, get one and send it with a copy of the legislation to whoever wants to see it.

    I also think that initially the solicitor should have certified the copies correctly so you shoud have at least one correct certified copy.

    You could ring the institution first and say that you intend to get a copy certified in accordance with paragraph 3 of the Powers of Attorney Act 1971 and see what they say. If they say it won't do ask to speak to somebody in authority.
     
  5. jugglingmum

    jugglingmum Registered User

    Jan 5, 2014
    4,289
    Female
    Chester
    Yes this is exactly what they do, based on my experience I wouldn't waste your time speaking to someone in authority at the company, they will likely tell you that this is the minimum requirement but they have decided to ask for more.

    I had 5 certified copies and sent them off, and many got sent back, needed more wording.

    I would suggest just try and get more copies certified, and then keep sending them off as required. It is frustrating but not worth fighting. In the grand scheme of things it is only a few months until Christmas and I presume you have access to some of his funds now.
     
  6. Sirena

    Sirena Registered User

    Feb 27, 2018
    314
    Female
    How annoying to have this stress added to an already difficult situation. I've never heard of this before - obviously I was lucky. My mother's solicitor kept the original LPA and gave me half a dozen certified copies. Some I've handed over in person for copying and some I've posted (I don't always get them back, I suspected that might happen which is why I got multiple copies). I've sent copies to the Inland Revenue, accountant, bank, financial advisor, DWP, landlord, care agencies, and they all accepted the LPA without query.
     
  7. jugglingmum

    jugglingmum Registered User

    Jan 5, 2014
    4,289
    Female
    Chester
    Different banks/financial institutions have different rules was my experience.

    Even going to visit them all was not that straight forward, and Virgin money for example required 3 forms of ID from myself rather than the normal 2 required by MLR (money laundering rules) which I didn't have with me at my booked appointment.
     
  8. Sirena

    Sirena Registered User

    Feb 27, 2018
    314
    Female
    I too had differing experiences re ID - most organisations had a wide list of accepted counter-signatories, similar to the list of professions who can countersign your passport photo. But Scottish Widows investments specified ID had to be countersigned by an accountant or solicitor. Very inflexible, not everyone has one of those handy.
     

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