Lpa's

[graybags]

My parents both suffer from Dementia, but remain at home, with two visits daily from home helps plus regular visits from my sister and I. We have just had confirmation that the LPA's (health and financial) have been registered by the OPG but I am wondering what the procedure is for actually using them,do you just get the certificate from the solicitor and then deal direct with the various Banks, Building Societies etc ?. My Dad is still aware of his finances so no intention of using his LPA, but Mum has little or no idea of her finances and we just want to get them straight and also make sure that they are as tax efficient as possible.
Thanks

 

[Contrary Mary]

Hello, Graham.

I've lodged an EPA for Mum and I would think the procedure is much the same. Basically, just take the original, or a certified copy if you have one, to each institution.

Each will have their own procedure for dealing with it. Be warned though that branch staff aren't always sufficiently clued up about things, and you may have some teething problems.

Also, Mum's EPA was done joint and several so that my cousin could act if anything happened to me. Some places wanted her to visit them, some were happy just to have me on record as I would be the one doing the business.

I'm sure that others will be along to give you the benefit of their experience.

Good luck
Mary

 

[Bookworm]

Epa

It may be different here in N.I. - but I imagine everywhere is patchy or variable - but I've simply been asked for a copy of it for the bank & they have since been absolutely brilliant. I was told that while technically registering is supposed to occur, & that this should not be close to the signing, or competence to sign would be in question, but that in practice mostly I could carry on informally without further fuss or hurdles.

 

[Clive]

Hi Graybags


If you are the attorney mentioned in the EPA or LPA you should be able to present it and do ANYTHING that the donor (the person who gave it to you) would have been able to do on their own.


If you are a “Jointly and Severally” attorney you should be able to act on your own.


You will need to take your own identification documents, and it is often handy to have the donor’s (your mum’s) identification documents as well, though technically you should not need them.


NEVER take the original EPA /LPA out of your safe. Always use a Certified Copy, and if you post it off to anyone start and finish your covering letter with the words “Please return the LPA by return of post” otherwise it may be filed by the company and you never see it again.


If you are visiting a bank always give yourself plenty of time. Do not park in a restricted time zone or need to get back to pick up the kids, and remember to go to the loo first as sometimes it can be a long visit. (If you go expecting a long delay you will find everything will go like clockwork and you will be out of the bank in minutes ).


Some Banks expect you to make an appointment so check first.


Before you walk into the Bank promise yourself that you are going to be calm, very polite, but assertive. Know exactly what you want to do.


You are likely to find that the bank clerk knows very little about how a LPA works, and can make up the rules as they go on.


First find out what the clerk is called and speak to him/her by name.


If you have any concerns ask for the manager. Do not presume the manager will be any more knowledgeable than the clerk.


If you still have problems ask to speak to the manager at head office (on the phone) who “specialises in Power of Attorney”. This usually sorts out any concerns.


Best wishes

Clive


PS

If you open an Internet account you should remember that one day you will have the sad duty of informing the bank that your mum has passed on. At that point, or shortly after, many banks put a stop on the internet account and disable the password. If you do not have paper copies of the statements it can make life difficult when you need to establish where money has come from and gone to.

 

[graybags]

That's very helpful advice Clive, thanks

 

[CraigC]

Sound advice from Clive

Always use a Certified Copy, and if you post it off to anyone start and finish your covering letter with the words “Please return the LPA by return of post” otherwise it may be filed by the company and you never see it again.

The solicitor gave me about 5 certified copies, it was cheaper to get them all done at same time. Just means they have solicitors stamp and signature on. As clive says NEVER send original! No one should need to see it, certified copes are fine.

I put together a standard letter and sent it to all bank and institutions including Inland Revenue, DWP. It all took time so best to do everything as early as possible in my opinion. You have rights if you get any problems so can contact the Office of the Public Guardian if you get problems.

Seems to be a mixed bag of comments about OPG but they have been really helpful if I've had problems. Great website too.

Lots of guidance books, they seem to have gotten their act together.

http://www.publicguardian.gov.uk/forms/guidance_booklets.htm

Not everyone does this, but I recommend keeping very strict accounts when you have registered an LPA/EPA just in case. I just keep a spreadsheet noting all cheques / payments.

Hope this helps
Kind Regards
Craig

 

[Jo1958]

Hi,
Can I get certified copies directly? I am not using a solicitor for LPAs.
Many thanks, Jo

 

[Margaret79]

Free Copies

You can get 2 free office copies from the OPG but you have to ask for them. We didn't know that when we sent the forms in but emailed them once it was registered and they sent them. I think more copies are something like £25 each but don't quote me on that.

I went to the banks and they photocopied one whilst I was there so I haven't had to let one out of my sight yet.

Love & Hugs

Margaret xxx

 

[Contrary Mary]

I would add that these office copies can be very useful. One bank was unwilling to take the certified copy due to the way that the solicitor had done it. They were very finicky and thought it was a photo-copy or something However, they could not doubt the veracity of the office copy and the solicitor was still in possession of the original to deal with another matter.

 

[CraigC]

Hi Jo,

Margaret is absolutely right, you can get two free copies if you ask and dont mind a wait.

http://forum.alzheimers.org.uk/showthread.php?t=8544&page=2

The above thread shows some of the trials and tribulations of registering and EPA/LPA. It also has some info on getting certified copes. You can get ANY solicitor to give you certified copies as a one off job, but shop around. I took the copies along and they just stamped and signed them, hardly taxing work:

MAKE SURE THEY STAMP AND SIGN EVERY PAGE!

These prices vary so please shop around. I was quoted £150 by a local solicitor for 6 certified copies. Found someone out of town who did exactly the same for £25.

Kind Regards
Craig

 

[Clive]

When I needed extra copies I rang round and found that the “No Win – No Fee” solicitor would do me copies free of charge in the hope that, as he put it, I would use his services if I (or my family and friends) ever wanted to make a compensation claim… like a free advert for the solicitor.

Clive

 

[Feezee]

You may find this useful. I walked into the local Job centre and got them to certify a copy on the spot - for nothing. (It was to send to the DWP office).

Feezee

 

[Jo1958]

Hi, I'm getting there, A completed yesterday, B today by GP and I'll corner a neighbour to witness my signature tomorrow. I have an hour or so to get to the post office on Wednesday when SS is visiting his dad in the afternoon, I'll get it sent with a signature receipt service.
The doctor agreed it was time.
Thank you all for this thread.
Best wishes, Jo

 

[graybags]

I got the following e-mail from my parents solicitors advising that the LPA's have been registered;

"It is our usual practice to only provide certified copies to the Attorneys on the instruction of the Donor. In the event that the Donor does not have the necessary capacity to provide us with such instruction a medical report confirming the situation would need to be obtained before the copies could be released. In such circumstances the onus would be on the Attorneys to obtain the report"

So if I'm interpretting this correctly the solicitor won't release certified copies without my parents instructions to this effect....................so what is the point of my parents agreeing to give us power of attorney, Catch 22 or what !!

 

[ella24]

Hiya

I dont understand what your solicitor is saying. I got copies of the registered LPAs for my parents direct from CoP. They came automatically from them.

Why not call CoP to confirm it?

Actually, from memory there were 2 letters for each - one saying it was being registered, and a second saying it had been registered.

 

[Contrary Mary]

Hello Graham

As Ella says you can get office copies from the OPG, which should effectively be the same as certified copies. I have to say though that I had no trouble getting the solicitor to provide certified copies so I am amazed by what you have been told.

Mary

 

[Jo1958]

oola, put out the bunting!
I've posted the LPA and the copies and covering notes to the people to be informed, what a wonderful release. I telephoned yesterday and was told that with a requesting covering letter two office copies are supplied free of change, so I've written and asked.
Thank you so much for your help and support, now to apply for some benefit.
Best wishes, Jo