Power of attorney

Bossyboots

loulou41 wrote:

Where do I find a Commissioner of Oaths? Can any solicitor certifies it, do they have to specialise in that field? Thanks

Are we talking witnessing here or certifying true copies?

You do not need it witnessed by a solicitor. It will be accepted provided the instructions are followed properly. However, if you do not want to send the original to places for registration, you would need to get a solicitor to stamp copies as being true copies. This can be done by any solicitor in a firm, it does not need to be a commissioner for oaths. If you want it witnessed by a solicitor, then it most definitely does not have to be a commissioner. Any solicitor could do it if you really want to waste your money.

prudryden

Certification means that the people who signed are actually who they say they are and that they have actually signed the document themselves. And their identities have been checked and confirmed by seeing original passports or photo drivers licenses.

You may want to check with your son's bank to find out what they expect in order to move funds around.

As I said, my firm would not accept any document as vital as a POA without certification by a recognized official. Other firms may have different requirements in order to satisfy the Money Laundering Regulations.

jennifernil

If it is just one bank you are dealing with then it may be just as easy to go to the bank with your son and proof of identity and sign forms or whatever they require. I did this when our son was in Germany for 6 months.

JennyW_2

loulou41 wrote:

Does anyboy know how much it will cost to set up a power of attorney to grant a parent's authority to withdraw money and sign documents when son is out of the country travelling? Thanks

I have power of attorney over my husband's affairs and we went through a local solicitor to get the paperwork drawn up. It cost us £90.00. We could've shopped around but we only had 2 days to sort it out so had no choice.

I found that the banks and mortgage company only accepted a certified solicitor's letter/paperwork.

loulou41

I do not think my husband would want to spend that much money. As it is, he isupset with son for going away whilst we are looking to buy. I can see son's views, this can takes ages. Regarding transferring the money, all his accounts are with Nationwide,the main one is invest direct with 50k. I guess, I could get him to sign the withdrawal form and fill the rest myself. He also has a bonus saver, I will go and check what he needs. Last time the Manager told me a letter with his instructions will do but then another CS gave a form's authorisation for only 5k by cheque. There will be about 100k involve for his share of the house.

My main concern is his signature for the sale of the house. My husband thinks we could go ahead and buy in the sister's name as sole owner and then change the name on the deed when he returns. That's another option, what do you people think? Thanks for all your help.

JennyW_2

loulou41 wrote:

My main concern is his signature for the sale of the house. My husband thinks we could go ahead and buy in the sister's name as sole owner and then change the name on the deed when he returns. That's another option, what do you people think? Thanks for all your help.

that's why we had to get it done properly. My husband is in the navy and went on patrol just as we decided to put the house up for sale. I could not have proceeded without the PoA, plus the mortgage company wanted to view the original before proceeding with the offer.

Ring round a few solicitors and get some prices. We didn't have time to shop around so had no choice but to pay the £90.

Not sure about purchasing a house in someone else's name - sounds a bit worrying to me

prudryden

Tell your husband that a penny saved could be a £ lost. Changing the name on a deed will probably cost a lot more. Take the few pounds out of the son's account to reimburse yourself, if needed.

If you go to Nationwide, they may even have their own POA forms, which the bank manager should be authorized to certify upon seeing your passports. They should already have your son's. The signature on the house sale is a different matter.

benood

I agree with the general sentiment that it's probably worth spending the money and getting a solicitor to do this for you - in my experience it's very easy to get something not quite right and as a result you just have worthless papers and a bigger legal bill to get everything sorted out.

Even in the unlikely event your solicitor messes it up you can claim on their professional indemnity insurance!

Biggles

prudryden wrote:

Certification means that the people who signed are actually who they say they are and that they have actually signed the document themselves.

No, that's not the case at all.

Certification just means that someone (usually a solicitor) has seen the form photocopied and certified that the copy is, indeed, a true copy of the original by signing it on each page. Mine didn't charge a penny for this, others may charge a small amount, I have seen £5 quoted on the web. If they're going to charge, consider getting half a dozen copies certified at the same time.

I think you mean witnessing the signatures, this is different, anyone can be a witness, it just means they saw the attorney and the donor sign the form. Nothing more. And doesn't cost a penny.

I found that most institutions I dealt with didn't insist upon a certified copy, though this may be because the copy I sent them (a good colour copy) looked so much like an original that they didn't bother to query it ;-)

And, of course, if you're going to a bank (or solicitor if we're talking conveyancing etc) you don't need a certified copy, you need only show them the original and take it away again with you. *Never let the original out of your possession*

prudryden

Biggles wrote:

No, that's not the case at all.

Certification just means that someone (usually a solicitor) has seen the form photocopied and certified that the copy is, indeed, a true copy of the original by signing it on each page. Mine didn't charge a penny for this, others may charge a small amount, I have seen £5 quoted on the web. If they're going to charge, consider getting half a dozen copies certified at the same time.

I think you mean witnessing the signatures, this is different, anyone can be a witness, it just means they saw the attorney and the donor sign the form. Nothing more. And doesn't cost a penny.

I found that most institutions I dealt with didn't insist upon a certified copy, though this may be because the copy I sent them (a good colour copy) looked so much like an original that they didn't bother to query it ;-)

And, of course, if you're going to a bank (or solicitor if we're talking conveyancing etc) you don't need a certified copy, you need only show them the original and take it away again with you. *Never let the original out of your possession*

WRONG!!!!!