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Power of attorney question?

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  • TBagpuss
    TBagpuss Posts: 11,237 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Yes, a certified copy to each bank seems to be the best idea. I think I can print a copy of the original on my own printer and not go to the solicitor to pay for extra copies?
    No, that would not be a certified copy. You may be able to take the original with you, and have the bank copy and certify it. For powers of attorney, you would normally need to have every page of the document separately stamped and certified, with a second stamp on the last page confirming the number of pages.

    For a financial POA, your mum can continue use accounts, deal with the bank etc.but she can also, through the POA, give you power to do the same on her behalf. Then, if your mum gets to the point where she no longer has capacity, you would need to register the POA, and then you would deal solely with those things.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • sheramber
    sheramber Posts: 22,967 Forumite
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    The person making the Power of Attorney stipulates when it comes into force so they can state that it can only to be used when they no longer have mental capacity or it can be used immediately.
  • sheramber
    sheramber Posts: 22,967 Forumite
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    note there are different processes for England, Scotland and Northern Ireland
  • silvercar
    silvercar Posts: 49,772 Ambassador
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    MSE article on main site here.
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • P933alilli
    P933alilli Posts: 409 Forumite
    Ninth Anniversary 100 Posts
    Hi, ive just got around to reading the letter accompanying the LPA and the donor can also make a certified copy as long as they have mental capacity. They must;


    1. Make a photocopy.
    2. At bottom of each page ''I certify this is a true & complete copy of the corresponding page of the original LPA.
    3. Final page ''I certify this is a true and complete copy of the corresponding page of the original LPA. I certify this is a true & complete copy of the LPA''
    4. Sign & date each page.
  • P933alilli
    P933alilli Posts: 409 Forumite
    Ninth Anniversary 100 Posts
    Got an appointment at both banks next Monday. They will both do a certified copy of the LPA as I wait, send the copies off and then I should get the ok back in the post in 2-3 weeks. Hopefully!
  • Flugelhorn
    Flugelhorn Posts: 7,401 Forumite
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    Got an appointment at both banks next Monday. They will both do a certified copy of the LPA as I wait, send the copies off and then I should get the ok back in the post in 2-3 weeks. Hopefully!

    Yes, that is the best way to do it, mine took about a week. Just make sure they give you all the pages back (and the right copy) when they have photocopied it!

    I have found now that banks and big organisations are well set up for these situations and have thought them through eg British Gas have a dedicated email - thirdpartysupport@.... for POAs etc
  • I_Love_comps
    I_Love_comps Posts: 2,450 Senior Ambassador
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    If a doctor has signed a form saying that a person lacks mental capacity. Then you would not be able to apply for POA, unless it was already in place.

    You would need a Court of protection - which means you would be a deputy over that persons affairs.
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  • Oldrocker
    Oldrocker Posts: 10 Forumite
    Seventh Anniversary First Post Combo Breaker
    Hi all, We are looking at a Lasting Power of Attorney for myself and my Wife, our financial adviser has quoted £600 including the registration fee and VAT. does this sound about right?
    Also obviously we will be naming each other to act on our behalf, but are we able to name others i.e. our Sons as well?
    Thanks in advance for any help or advice.
  • sheramber
    sheramber Posts: 22,967 Forumite
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    You can do it yourself online.

    https://www.gov.uk/power-of-attorney/make-lasting-power

    Our POAs name each other as attorney and our sons as substitute attorneys if the first named is not able to do it.
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