DONOR SIGNING LPA

[Roman223]

Hi all, with regards to an LPA if the relative can still sign but signature not the same as it used to be! Is this still valid? Or if the relative makes a mark - what does this mean? I have read somewhere that if the person cannot sign then someone else can sign for them - is this correct? I would appreciate any replies of procedures if you have experienced these problems. Thank you

 

[Andy54]

I wouldn't have thought that a variation in the signature would be a major problem as it has to be witnessed at the time of signing. Yes I understand that if the donor is incapable of signing (eg cannot hold or use pen) then someone else can sign on their behalf as long as the donor has capacity, is present and agrees, and this is witnessed by 2 witnesses. There should be a separate section for the representatives signature. You should find the relevant info on this on the gov.uk website

 

[Roman223]

I wouldn't have thought that a variation in the signature would be a major problem as it has to be witnessed at the time of signing. Yes I understand that if the donor is incapable of signing (eg cannot hold or use pen) then someone else can sign on their behalf as long as the donor has capacity, is present and agrees, and this is witnessed by 2 witnesses. There should be a separate section for the representatives signature. You should find the relevant info on this on the gov.uk website

 

[Roman223]

Thank you for your reply.

 

[northumbrian_k]

The appearance of the signature itself is not an issue as it is witnessed but make sure that it is the correct name. My wife signed happily and correctly when doing LPAs for both of us. But then, when we were nearly done, for some reason she signed under her former married name. It was easy to put right but would have made the application invalid if not spotted.

 

[Roman223]

Thank you Northumbrian. Once it's registered does the donor have to sign any certified copies again or will a copy of the LPA suffice for distribution to organisations?

 

[silkiest]

Hi @Roman223, I would advise register it ASAP then you can help as and when needed.
There are various ways of certifying copies - they can be done by a solicitor, by the person themselves or by the agency you are dealing with who take a copy themselves and verify they have seen the original. If the doner themselves certify a copy they have to sign each and every page and have to say it is a true copy - I think the exact wording needed is on the government website.
If it is a new POA I believe you can give organisations digital access for the organisation to verify it.
I have 3 people that I act for and I have found a huge variation in what companies expect and understand. Some want to just see it and make a note on their records, some want to make their own copy, others accept emailed copies and others have even taken a verbal confirmation only (very rare). Be careful if sending a scanned copy via email as they vary in what they expect - some insist on a .pdf file and others a .jpeg so I always ask before emailing now.
I have found a huge variation in banks also - Lloyds bank has a dedicated POA helpline staffed by senior advisers that gets answered MUCH more quickly than the normal helpline. They have allowed my dad who is blind, mum with Alzheimers and me with POA all to have separate cards, yet they are happy to cancels mums cards if at a later date there are concerns over misuse/ abuse, this allows them some continued independence. Nationwide on the other hand offer no such service - they would only allow one card per account which as you can imagine caused huge problems - MIL did not want to give up her card and we could not pay any bills without her present. One day she gave me her card to go shopping and rang my other half in a panic thinking she had lost it. The one way around it was to open a new current account for her and us to have a card - so now I have to monitor and maintain both accounts for her!!

 

[Roman223]

Hi @Roman223, I would advise register it ASAP then you can help as and when needed.
There are various ways of certifying copies - they can be done by a solicitor, by the person themselves or by the agency you are dealing with who take a copy themselves and verify they have seen the original. If the doner themselves certify a copy they have to sign each and every page and have to say it is a true copy - I think the exact wording needed is on the government website.
If it is a new POA I believe you can give organisations digital access for the organisation to verify it.
I have 3 people that I act for and I have found a huge variation in what companies expect and understand. Some want to just see it and make a note on their records, some want to make their own copy, others accept emailed copies and others have even taken a verbal confirmation only (very rare). Be careful if sending a scanned copy via email as they vary in what they expect - some insist on a .pdf file and others a .jpeg so I always ask before emailing now.
I have found a huge variation in banks also - Lloyds bank has a dedicated POA helpline staffed by senior advisers that gets answered MUCH more quickly than the normal helpline. They have allowed my dad who is blind, mum with Alzheimers and me with POA all to have separate cards, yet they are happy to cancels mums cards if at a later date there are concerns over misuse/ abuse, this allows them some continued independence. Nationwide on the other hand offer no such service - they would only allow one card per account which as you can imagine caused huge problems - MIL did not want to give up her card and we could not pay any bills without her present. One day she gave me her card to go shopping and rang my other half in a panic thinking she had lost it. The one way around it was to open a new current account for her and us to have a card - so now I have to monitor and maintain both accounts for her!!

 

[Roman223]

Thank you for your informative and lengthy reply Silkiest!