Conveyancing woes (Power of Attorney)

davidmcn

longey wrote: »

I have complained about it, and they just responded:
"In regards to your mums ID, we could not discuss that with you as we would legally need to speak to your mum to go through security with her. We note you have a Power of Attorney, and that is fine but legally all proceeds will need to be transferred to her as the property is in her name. The Power of Attorney only gives you the legal right to deal with the sale on her behalf."

I can see why they'd want to transfer the funds to an account in her name, but otherwise it sounds like they're completely missing the point.

camptownraces

You can download a copy of your mother's birth certificate tonight from the General Register Office website for (I think) £6, and print it off at at home.

Mother will probably give a signature to the letter requested when she's relaxed at home with you.

Sounds like your conveyancers are not properly trained as solicitors. You need to COMPLAIN to a senior partner. Are they a local firm of solicitors to whom you are known? Once you have complained to the firm you can escalate to the Solicitors' Regulation Authority.

You say you are hoping to complete shortly - but have you already exchanged contracts?

If so, this is disgraceful of them to have exchanged without having sorted out all the details beforehand. If not, don't worry, it can all be sorted out in a few days; it's unlikely the sale would fall through.

If there's an estate agent involved they act for you, so use them to contact the buyer and say what's going on.

AnotherJoe

longey wrote: »

Am I justified in complaining about this ?

Absolutely, this is outrageous, whats the point of having LPA if they go direct to the donor and cut out the attorney?

mrschaucer

longey wrote: »

I have complained about it, and they just responded:
"... The Power of Attorney only gives you the legal right to deal with the sale on her behalf."

And what did they say when you pointed out that it is a LPA for Property AND FINANCIAL AFFAIRS?!!!!!!!

G_M

Who are the conveyancers you are using? A firm of solicitors? A conveyancing 'warehouse' using licenced conveyancers not solicitors? Or what?

Yes - checking ID is an important step, but trying to do so with someone with dementia, for whom POA has been registered with the Office of the PG is..... insensitive and unprofessional.

And they should be sending the money to whatever acount you, as POA, instruct them to.

I agree with others that you would be wise to keep her finances separate from your own, so yes, best to use her account and then manage it yourself - but that is for you to decide, not for them to dictate.

xylophone

"In regards to your mums ID, we could not discuss that with you as we would legally need to speak to your mum to go through security with her.

This is utterly ridiculous.

You need to point out that your mother's dementia causes confusion, disorientation and difficulties with communication and that she is no longer able to cope with her financial affairs.

With regard to identification, do you have documents from the DWP in respect of benefits that she may be receiving?

Do you have communications from HMRC?

You have her latest bank statement?

legally all proceeds will need to be transferred to her as the property is in her name.

Is correct but presumably you have registered the PoA with her bank and are managing the account?

G_M

legally all proceeds will need to be transferred to her as the property is in her name.

xylophone wrote: »

Is correct but presumably you have registered the PoA with her bank and are managing the account?

I disagree. The POA can instruct the conveyancer to transfer the money anywhere they wish.

For example some might go to an estate agent (selling fee) by the POA's instruction. It does not all have to go to the named owner. Indeed if so instructed the conveyancer could transfer it to me!


(though they might raise questions about the motives and reliability of the POA in that case....)

longey

camptownraces wrote: »

You can download a copy of your mother's birth certificate tonight from the General Register Office website for (I think) £6, and print it off at at home.

Mother will probably give a signature to the letter requested when she's relaxed at home with you.

Sounds like your conveyancers are not properly trained as solicitors. You need to COMPLAIN to a senior partner. Are they a local firm of solicitors to whom you are known? Once you have complained to the firm you can escalate to the Solicitors' Regulation Authority.

You say you are hoping to complete shortly - but have you already exchanged contracts?

If so, this is disgraceful of them to have exchanged without having sorted out all the details beforehand. If not, don't worry, it can all be sorted out in a few days; it's unlikely the sale would fall through.

If there's an estate agent involved they act for you, so use them to contact the buyer and say what's going on.

I don't think contracts have been exchanged - or at least they have not told me so. I returned the signed contract weeks ago and the last I heard was that the buyers were wanting to complete on or before the 9 Nov.

The only thing my mum can recall from the conversation she had with the conveyancer is that if she got the birth certificate to them by today (8th) we can still complete on the 9th. To be honest this may very well be my mums misunderstanding though !

The conveyancing company is somehow connected with the online estate agents that we used (also a complete nightmare). I don't believe they are solicitors - Mea culpa !

longey

xylophone wrote: »

This is utterly ridiculous.

You need to point out that your mother's dementia causes confusion, disorientation and difficulties with communication and that she is no longer able to cope with her financial affairs.

I have, on so many occasions - yesterday was the latest time I did and they replied

"The conversation with you mum went very smoothly and if she interpreted the information wrongly then I do apologise for that as that is not my intention. I am aware she suffers from Dementia. She volunteered to send me her birth certificate which she said will be no issue as she is going to the property."

To this, I replied:
"I have very smooth conversations with her too. However she often doesn't remember, or misunderstands what was said, even a few minutes later, and that can lead to immense confusion on her part."

I am waiting for a reply.

With regard to identification, do you have documents from the DWP in respect of benefits that she may be receiving?

Yes, I do. State pension, attendance allowance etc....

Do you have communications from HMRC?

I don't think I have seen anything from HMRC her

You have her latest bank statement?

Yes, she now lives with me, so they are sent to my home.

Is correct but presumably you have registered the PoA with her bank and are managing the account?

[/QUOTE]

I haven't done this yet, because she has internet banking, which I operate for her.

longey

G_M wrote: »

Who are the conveyancers you are using? A firm of solicitors? A conveyancing 'warehouse' using licenced conveyancers not solicitors? Or what?

Yes - checking ID is an important step, but trying to do so with someone with dementia, for whom POA has been registered with the Office of the PG is..... insensitive and unprofessional.

And they should be sending the money to whatever acount you, as POA, instruct them to.

I agree with others that you would be wise to keep her finances separate from your own, so yes, best to use her account and then manage it yourself - but that is for you to decide, not for them to dictate.

I believe it is a conveyancing "warehouse" - they are called "Prexxxxxxx Property Lawyers" and they are connected with the online estate agents we used). In all all my conversations with them hey talk about "your conveyancer" so I don't believe they are qualified solicitors. Mea culpa

I am perfectly happy to have the money sent to her account. It is just incredibly frustrating that precisely 100 days after I instructed them, the situation is what it is