Not happy with solicitor

Discussion in 'Legal and financial issues' started by Lynmax, Aug 3, 2018.

  1. Lynmax

    Lynmax Registered User

    Nov 1, 2016
    13
    i am so cross with the solicitor who my mum used to set up the LPAs last year. She is of an age to think a solicitor is needed for any legal matters and would not consider doing it online with my help. She insisted on using a local firm who messed up an earlier EPA application long before her diagnosis of Altzeimers. ( basically they did not complete the process even though they charged her a huge fee and then tried to blame her for not giving them some final information) It was easier to go along with her wishes and we made the half done EPA null and void to start again.

    At our meeting, I asked the solicitor to provide the three attorneys with certified copies as part of the ridiculous fee and he agreed. When I collected the copies I only checked that the front page was stamped and assumed every page was the same. Today I needed a certified copy to show to her GP so that we can have info about medical appointments and on looking, found only the front page was signed! I am sure I have read here that every page needs to be signed. The solicitor said I was wrong and on,y the front page needs to be certified and said he would charge £5 a page to certify the rest! He is not even sure if he still has the original, which he stated his firm always kept safe, and told me to ask to see mums copy. I think we need the original to get the copies certified?

    I am so cross at the extortionate fees mum paid for what I consider to be very poor service, he just could not care less!

    Luckily I have a couple of solicitor friends who I think will certify the copies for free or at least for a more reasonable fee - provided I can get my hands on the original! It will mean waiting until mum has gone out to look through her paperwork as she has got very secretive recently and I doubt that she will want us to read it now!

    I am just venting my fury, I am not expecting any advice really!
     
  2. Louise7

    Louise7 Registered User

    Mar 25, 2016
    430
    #2 Louise7, Aug 3, 2018
    Last edited: Aug 3, 2018
    I know that you were not looking for advice but just wanted to comment about you needing a certified copy of the POA for the GP. Have they specifically requested this or are you just assuming that they'll need a certified copy? In my Mum's case I have found that only the bank required a certified copy - hospital, social workers, utility companies etc have all been happy with just a photo copy of the POA. Might be worth checking with the GP whether a certified copy is actually needed (my Mum's GP has always been happy to deal with me without seeing the POA).
     
  3. love.dad.but..

    love.dad.but.. Registered User

    Jan 16, 2014
    3,240
    Kent
    Dad's GP required a copy but I just gave them a copy of the original and that was fine. The solicitor is incorrect from my understanding and the certified copies I got from a solicitor...every page requires stamp or correct wording written and signature etc. Yes you need the original to get certified copies. Very poor service and worryingly lack of professionalisn
     
  4. nitram

    nitram Registered User

    Apr 6, 2011
    15,872
    Male
    North Manchester
    The solicitor is incorrect.

    How to certify a copy
    Write the following text on the bottom of every page of the copy:

    “I certify this is a true and complete copy of the corresponding page of the original lasting power of attorney.”

    On the final page of the copy, you must also write:

    “I certify this is a true and complete copy of the lasting power of attorney.”

    You need to sign and date every page.


    https://www.gov.uk/power-of-attorney/certify


    3
    Proof of instruments creating powers of attorney.
    (1)The contents of an instrument creating a power of attorney may be proved by means of a copy which—
    (a)is a reproduction of the original made with a photographic or other device for reproducing documents in facsimile; and
    (b)contains the following certificate or certificates signed by the donor of the power or by a solicitor [F1, authorised person ] or stockbroker, that is to say—
    (i)a certificate at the end to the effect that the copy is a true and complete copy of the original; and
    (ii)if the original consists of two or more pages, a certificate at the end of each page of the copy to the effect that it is a true and complete copy of the corresponding page of the original.


    https://www.legislation.gov.uk/ukpga/1971/27/contents

    I would be tempted to ask the solicitor to sort things out ASAP free of charge else you will be contacting the Law Society.
     
  5. Rosettastone57

    Rosettastone57 Registered User

    Oct 27, 2016
    393
    My MIL GP only wanted a photocopy of the LPA. In fact the only organisations who wanted certified copies were banks
     
  6. love.dad.but..

    love.dad.but.. Registered User

    Jan 16, 2014
    3,240
    Kent
    Dad's private pension provider DWP and HMRC required certified rather than photocopies but utilities etc accepted photocopies.
     
  7. Sarasa

    Sarasa Registered User

    Apr 13, 2018
    112
    I'd agree with @nitram, and the solicitor needs to sort it out now. My mother's solicitor charged loads too, but at least it was all properly stamped, and I trust that he has the original copies.
    My mother's GP was happy with a scanned copy of the Health POA sent over. My mother's bank didn't know their policy was to accept certified copies, but the person we were dealing with was very helpful and phoned her head office to check, and then was fine about accepting it.
     
  8. Sirena

    Sirena Registered User

    Feb 27, 2018
    204
    Female
    You're right that every page needs to be signed. My mother's solicitor holds the original and charges £25 for a certified copy.

    I can't remember if my mother's GP ever asked if I had LPA, but they certainly never requested a copy and neither did any of her other medics, they dealt with me as next of kin and they were happy to send me details of all her appointments, her GP sometimes contacted me direct to ask me to ensure she got there. (I actually only have financial LPA, which wouldn't have been much use to the medics anyway.)
     
  9. Bod

    Bod Registered User

    Aug 30, 2013
    917
    #9 Bod, Aug 3, 2018
    Last edited: Aug 3, 2018
    Look for the original set of forms, that were sent to the Office of the Public Guardian, these are the one's that would have been returned, with "Validate" perforated through each page.
    I have found that if you take this set to the GP's/bank/ building society etc, they will photocopy them for their records, handing back the originals to you.
    Should you need to send anything to a Government department, go to the local Job Centre, they will make stamped photocopies to send away.

    Bod
    PS Never send the perforated set away, it might not come back!
     
  10. Lynmax

    Lynmax Registered User

    Nov 1, 2016
    13
    Thank you for all your helpful comments. I have checked and we have photocopies of the original rather than one which has been perforated by the OPG - I can see their stamp but it is not perforated.

    I am waiting to hear back from the solicitor that he does indeed have the original forms, he is not sure! I am not going to threaten further action until I know the exact situation.

    I plan to quote the legislation that Nitram has posted (thanks) to point out his error and ask him to certify every page - I think he is just trying to shut me up!

    I will take my copy of the health and welfare form to the GP this afternoon to see if that is acceptable, they have already said that they will not share medical info without the LPA or a letter from Mum. I find this a bit pedantic as although Mum does live on her own ( with support from her children) she does get confused with appointments etc and has caused minor problems recently. Luckily she has no serious health conditions but as she relies on us to drive her to the GP, it would help if we knew she had phoned them!

    I was aware that some solicitors charge for certifying copies and think that £25 is a reasonable charge for signing every page but I am determined to get the original solicitor to finish the job properly. There will be delays though if he claims not to have the original form!
     

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