Lasting Power of Attorney

Discussion in 'I have a partner with dementia' started by jennieash, Aug 24, 2015.

  1. jennieash

    jennieash Registered User

    Jan 20, 2014
    6
    East Yorkshire
    My husband has drawn up a lasting power of attorney and this has been registered with the Office of the Public Guardian. He filled out the forms himself - we did not use a solicitor, but the LPA was accepted by the OPG

    The OPG issued us with instructions on how to make a certified copy of the LPA and this we have done. We are now selling our house and my husband wishes his attorney - our daughter to act for him. I have sent off a certified copy of the LPA to our solicitor who has forwarded a copy to the buyers' solicitor. The buyers solicitor are now trying to insist that I get this LPA certified by a Solicitor. I have twice contacted the OPG on this matter and they state quite categorically that if we have followed the instructions they gave us then the whole thing is entirely legal and that it is NOT necessary to use a solicitor.

    I am in the process of insisting that the copy which the buyers solicitors have has been prepared in accordance with instructions from OPG. If they still refuse to accept this, what can I do? I have severe mobility problems and would find it very difficult to get to a solicitor's office even if I were prepared to do this. Surely, if the OPG assure me that the document is legal (a statement made and signed and dated on every page) then I must be able to insist that the solicitors will use it.

    Can you give me any help on this? I need to know of a body I can contact if the solicitors continue to refuse to accept the certified LPA
     
  2. jenniferpa

    jenniferpa Volunteer Moderator

    Jun 27, 2006
    39,417
    Your husband is the one with dementia correct? And your daughter is his attorney? How did her certify the copy? Was it via the self-certification option? I'm guessing so.
     
  3. jennieash

    jennieash Registered User

    Jan 20, 2014
    6
    East Yorkshire
    Yes, H has vascular dementia and yes, we did the self-certification bit. I am also an attorney, but was told by the OPG that I couldn't act for him in this case as I had to sign things for myself, so my daughter, also attorney is doing it for him. Just wish that solicitors knew a bit more about the law!!!
     
  4. Beate

    Beate Registered User

    May 21, 2014
    11,489
    Female
    London
    Maybe the OPG could send a letter to you confirming that your certified copy is legal, so you can forward this to them? Alternatively, surely the certification process is described on their website, so you could send them the link? I find it really shocking when solicitors have no clue of legal procedures.

    On the other hand, i don't see why your daughter, who is the attorney, can't have a copy certified with a solicitor - they don't cost the earth. I understand about your mobility issues, but this isn't really your problem but your daughter's.
     
  5. jenniferpa

    jenniferpa Volunteer Moderator

    Jun 27, 2006
    39,417
    I think Beate's correct: there's the "I am right" way which might cost you time and hassle (I'm not saying you aren't correct, but...) and there's the spending £20 to get the copy certified. I know what I would do.
     
  6. jennieash

    jennieash Registered User

    Jan 20, 2014
    6
    East Yorkshire
    Lastng Power f Attorney

    My husband would have to go because he is the donor which would also mean I would have to go to make sure he did n't wander off whilst daughter was parking the car. Also I feel that I am being bullied by the solicitor and I don't feel inclined to give in to bullies. The problem is mine as well, since the house is owned jointly by myself and my husband
     
  7. jenniferpa

    jenniferpa Volunteer Moderator

    Jun 27, 2006
    39,417
    No he wouldn't. Your daughter would need to go with the original stamped LPA. And to any solicitor - she should call around to find out rates. Simply have her tell them that she would like a certified copy of an LPA and how much would it cost.
     

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