Enduring Power of Attorney (again)

Biggles

janmill wrote: »

My mother has just set up an enduring power of attorney with my husband and myself acting as Attorneys. We have done this simply by using the form from www.guardianship.gov.uk and without involving solicitors. Can you suggest how best we might get certified copies to use with banks, etc. All suggestions seem to be to use a solicitor. I would imagine this would cost. Is anyone else able to certify copies such as say, an accountant, a minister of religion? Also, is it necessary to put a declaration on each page of the copies?

No, I'm pretty sure it does have to be a solicitor. But mine did it free (all they have to do is photocopy it and sign and stamp each page). Have a word; but a certified copy is pretty essential, as you don't want to post your original anywhere, it's irreplaceable.

But if you're just taking it to show to the bank, for example, they will copy the original themselves and certify their copy (but only for their own use).

Savvy_Sue

It might be worth asking the bank what they require: I know, for example, when we were changing signatories on our work bank account they wanted ID checked, and we EITHER had to send off passports etc OR get it certified by a professional, but that could be a solicitor, doctor, minister of religion etc.

We have a qualified solicitor on the staff so she signed everyone's but her own's, and a visiting doctor signed hers!

xcaliber_2

pboae wrote: »

Thanks Biggles, I may have misrepresented what the solicitor said, that was my understanding of it.

The way the different usages was explained to me was like this: Say I was to be out of the country for an extended period and wanted my attorney to manage my affairs while I was away. I would write to the solicitor and request my EPA, and then leave it with my attorney. My attorney would then need to produce it in order to deal with my bank etc on my behalf, but it would not need to be registered. (In practice I would also inform my bank, etc before I actually left the country as well). Then when I came back, I would retrieve the EPA from my attorney, and send it back to the solicitors for safe keeping. If the situation arose again in the future I could do the same thing again.

Alternatively, I could be in an accident and end up mentally incapable as a result. Then my attorney would have to write to the solicitors to request the EPA with a letter from my doctor explaining my condition. They would send my attorney the EPA and it would then have to be registered and notice of intention given to my relatives.

Does that all sound right to you?

My experience with EPA, I have one for both my parents (sadly my father passed away last Saturday - important to note that EPA expires on death and you would need Probate to manage financial affairs), is that when I went to the Bank and Building Society to register the EPA all the details were taken and I was permanently registered as the Attorney. I am not sure that the financial institutions can cope with a temporary registration but I stand to be corrected - it might be possible to revoke it but might take some effort. Welcome any expert opinion.

[Deleted User]

I used this site for wills and epa. It was very simple to do and everything was checked over by their in house solicitor. We needed to do jointly and severally because 2 signatures would be needed as the house is in joint names. Our dd is the second person and spouse the first
http://www.tenminutewill.co.uk/main.cgi

The forms are printed and signed and now stored in a file, hopefully never to be used but as a safety net to draw on if needed

grandad69

loulou41 wrote: »

Just a matter of interest, You can print the paper & type on the form double sided, there is nothing to say that it has to be printed on a separate sheet of paper for each form. Am I correct? I have just set mine and hubby and have to used five sheets of paper. I did receive a form from the guardianships office and noticed the form is printed double sided. I am just thinking five pages are a lot to send by post and if I could do it using three pages as there are two attorneys. If I need to use the EPA, do I understand I have to send all 5 pages to the bank etc.For those of you who are interested, once you downloaded the form, if you download foxit reader, yoou can type on the form but have to print immediately. Thanks

Ref Foxit reader . Have downloaded free version of foxit reader and foxit editor. Is it possible to obtain a print without the over writing put on by this free version?? Thanks

Biggles

grandad69 wrote: »

Ref Foxit reader . Have downloaded free version of foxit reader and foxit editor. Is it possible to obtain a print without the over writing put on by this free version?? Thanks

I just use DTP software, though MS Word would do it just as well. Just print it out on plain paper first to make sure the words fall in the right place, then print on the form.

I'm not keen on having superfluous wording on a legal document.

loulou41

grandad69 wrote: »

Ref Foxit reader . Have downloaded free version of foxit reader and foxit editor. Is it possible to obtain a print without the over writing put on by this free version?? Thanks

Yes, if you fill the form and then print it straightaway, there will no evaluation makrs. You will get the evaluation marks if you change the documents & then save it. Try it, it does work. I have just printed one for my friend & it looks more professional. Hope this helps.

Mojisola

Do all the attorneys have to sign the form on the same day?

The notes say that the attorneys mustn't sign before the donor has filled in and signed their part but doesn't mention about it all having to happen on the same day.

Biggles

Mojisola wrote: »

Do all the attorneys have to sign the form on the same day?

The notes say that the attorneys mustn't sign before the donor has filled in and signed their part but doesn't mention about it all having to happen on the same day.

No, they can sign on different days and even in different places as long as their signatures are witnessed at the time.

Savvy_Sue

Biggles wrote: »

No, they can sign on different days and even in different places as long as their signatures are witnessed at the time.

You have answered a question I was thinking of asking only I thought I'd better read the forms first ... and hadn't quite managed it. BTW that's not in respect of the EPA I'm thinking of doing for myself, but someone has asked me to be one of their Attorneys or whatever it would be under the current system, and I don't think there's much chance of seeing them or the other person they want to act for them before the end of the month!

I'm a bit in two minds about it: obviously I'm flattered to be thought responsible, but as I don't live particularly near them I'm not sure how easy it would be.