Power of attorney questions

Whirlwind

Registered User
Sep 16, 2012
30
Powys
My parents both signed enduring poa forms naming me around 5 years ago I have a photocopy only and now I need to take control of bank account etc I can't find the original signed copies at my parent's house. I have thought about contacting the original solicitor to ask if they can issue certified copies from their file copy would this cost a lot?
 

ITBookworm

Registered User
Oct 26, 2011
456
Glasgow
Hi Whirlwind,

I'm afraid I can't help with the cost of a copy but I wonder - could the solicitor be holding the original documents for safe keeping? I know that is quite common for wills so it is perfectly possible for this.

Worth a try anyway :) Good luck.
 

jenniferpa

Registered User
Jun 27, 2006
39,448
I also would think it might be worthwhile seeing if the solicitor had the original. If they don't, though, and I'm assuming the EPA hasn't been registered, then you're going to have to ask the court if they will allow you to register the copy. They sometimes do and they sometimes don't.

I think you might be a bit confused about certified copies. I think these only come into play when the original EPA has been registered (and thus you're getting a certified copy of a registered document). If it's never been registered the best you will be able to get is their file copy.
 

jenniferpa

Registered User
Jun 27, 2006
39,448
From http://www.justice.gov.uk/protecting-the-vulnerable/mental-capacity-act/orders-made-by-the-court-of-protection/enduring-powers-of-attorney#uncertified

Registration of uncertified copy

Re Vallet (an order of District Judge S E Rogers made on 27 January 2009)
The original EPA could not be produced, nor was there a certified copy in existence. Regulation 24(2) of the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007 provides that, in such a case, the Public Guardian must not register without an order of the court. On the application of the attorney the court declared that it was satisfied that the copy was a copy of the original EPA, which had been lost but not revoked, and directed registration.
Actually, having just checked, if there is a certified copy in existence that can be registered. However, I think that certified copy would have had to have been made at the time (or close to the time) the original instrument was made. That is, if they simply have a file copy I wouldn't think they would be willing to certify that was a true copy of the original EPA. All you can do is ask though.
 

Mufti

Registered User
May 11, 2012
107
Kent
Poa

HI I hope you may have already resolved your problem. My partner and I had signed POA for each other several years ago and when his dementia progressed, I had to return to the solicitor holding the papers and then go through the process of registering the the POA through the courts. The solicitor held the originals and when all the registration was completed (around 6 weeks if I remember right, he sent me 3 copies of the registered documents which i could then use at the bank and with other bodies. It's a real pain and can be costly but in the end it simplifies things all round. Best of luck! Mufti
 

scatterbrain

Registered User
Jan 10, 2008
25
Berkshire
certified copies

My understanding is that the solicitor simply 'certifies' that this is a genuine copy of the document he was given. It can then be used in place of the original. However, if the original the solicitor copied was only a photocopy itself, the certified copy of it is no more use than that photocopy - very little! You need the true original, or a copy that the court has approved: then you can use certified copies of it to avoid the risk of losing the original. I hope this helps - and good luck!