New power of attorney guide

badmemory

Mav6215 wrote: »

One thing you can do once you've received the PoAs back from the OPG is to scan and print out a couple of each (Finance and Health & Welfare) then get the donor to certify each with the following at the bottom of each page:

“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.”


Then sign and date every page.


It can be a bit of a hassle but then at least you can send those out and keep the original(s) in a safe place.

How I wish we had thought of doing this with my mother's but it is something which I CAN do with mine. Thank you - I didn't realise this could be done

cherry76

Just another query pl. if you choose not to inform anybody you need two certificate providers Where do you get the form for the second certificate provider? Thanks

Primrose

Surely this isn't correct? Where does it state this ?

We have chosen not to notify anybody and both of us used the same certificate provider for all four of our P of A documents.
The Office of public Giardian registered them with no query regarding the same certificate provider.

cherry76

The need for a second Certificate Provider
If, when the Donor is making their LPA they do not nominate anyone to be notified when registration of the LPA with the Public Guardianship Office occurs, then a second separate Certificate Provider will also be required. Their role will be the same as the original Certificate Provider and the same restrictions apply

Very confused so is it one or two. I have talked to my neighbour's who I have known for over 30 yrs and she will be the certificate provider and be all our witnesses as well. Do you need to write a thing on the forms I want to give her as little writing as well but typing the details but leave the date off. I also am not sure whether to leave elderly husband name off and only have the two adult children as attorneys . I am a bit worried to create one but was told they are not difficult to create The other issue is printer plays up sometimes. Thanks very much for your help

Primrose

I,m really puzzled by this and hope our LPAs are still valid. It may be that this applies only if you try to register the LPA at a much later date than when it was originally drawn up when perhaps somebody has then lost mental capacity, rather than registering it with the office of public Guardian soon as the documents have been prepared and all signed and witnessed.

Can anybody shred else some clarification on this.

For the benefit of certainty I would email the office of Public Guardian and seek written confirmation on this. Could you please come back and post their response on here. I would be gutted if somebody there has got it wrong and registered our documents only to find perhaps years down the line that they're actually invalid.

I don't quite understand your question about dates. Your neighbour will need to add the dates on the form in the appropriate sections herself on the actual dates she witnesses the various signatures

I would include your husband on the forms. Being elderly doesn,t invalidate somebody from being somebody's Attorney providing they have mental capacity. Does he want to be given the power to act for you. If all your attorneys are appointed jointly and severally he can choose whether to act or not at any given point.

cherry76

I have emailed them and will let you know the answer. Researching online it might be you needed two certificate providers before but not now. Better to get it confirmed I am sure you are right as they will not have registered. By dates I meant to get my neighbour's address by typing on the form except for the dates she will have to use a pen to date herself. My husband even when young left all the financial affairs to me I do not think he will have much clue who to inform. I guess I will add his name as jointly and severally to act.

Primrose

Yes if you are certain your neighbour won't need to be substituted by anybody else at the last moment as your certificate provider you can type her address onto the online form.

I think if she then subsequently acts as a witness to your attorney's signatures subsequently I think she should add any address at the date of that particular sign8ng and witnessing. Our forms are all locked away now but I,m pretty sure our two attorneys got separate witnesses and addresses as they live some distance and dealt with their part of the process (signing and getting a witness on different dates.

cherry76

I have just done a dummy poa for practice. There are 24 pages, that's quite a lot esp if you have to self certify the copy one by one. Also it states to write in capital letters in black in. Did you have to fill the forms in capital letters. Thanks

loulou41

Self certifying power if attorney. Where do you write if there is not enough space at the end of some the forms? Thanks

Primrose

Write it on the blank spaces further up the forms. I found even with small neat handwriting on some pages there was insifficient space at the bottom of the page.
Usually on the right hand side of the forms towards the bottom of the page there is enough space to write the certifying wording.