Conveyancing woes (Power of Attorney)

longey

mrschaucer wrote: »

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

I haven't pointed that out to them yet, but I will do so today ! Thank you

xylophone

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

It appears that the original instruction was for the money to go to the personal account of the PoA.

My relative has PoA for his relative and says that it is vital to be absolutely meticulous about keeping the donor's funds separate from those of the PoA.

The money belonging to the donor should be kept in accounts in the name of the donor with the PoA managing the accounts.

It is correct for monies due to the donor to go to the donor's account, even if those monies are to go elsewhere afterwards on the instruction of the PoA.

My relative informs me that it was the net sale proceeds (after fees and disbursements) that were paid through his donor's solicitor to the donor's accounts.

Other payments in respect of the sale were paid from the donor's account on PoA instructions.

xylophone

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

You should register PoA on all her accounts and advise the DWP - relative says he had to provide a certified copy to the banks/investment platforms/building societies etc and to the DWP.

Out,_Vile_Jelly

OP, you could try talking to Age UK as they will be familiar with this sad situation.

Flugelhorn

mrschaucer wrote: »

The whole point about setting up this Power of Attorney is that once the family solicitor has provided a certified copy and stated that it has not been rescinded, then to all intents and purposes the Attorney BECOMES the seller of the property. The conveyancer is wrong on so many levels and clearly does not know what a PoA actually is.

this is quite right - if the person was unconscious on a ventilator then presumably they would not try to speak to the person and query the attorney's right to act

xylophone

"

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."

His intention is immaterial.

The fact is that she has dementia, has lost capacity to manage her affairs and is easily confused.

He is aware (and indeed has acknowledged that he is aware) of your mother's condition and also that you have the legal authority to act on her behalf.

Complain in writing.

3card

xylophone wrote: »

You should register PoA on all her accounts and advise the DWP - relative says he had to provide a certified copy to the banks/investment platforms/building societies etc and to the DWP.

I have PoA for my Mother and I had to send a certified copy of it to the DWP to allow them to talk to me.
I am always worried about sending the paperwork through the post just in case it gets lost/mislaid so the DWP told me I could go to the local Job Centre and they would take a copy and certify it to the satisfaction on the DWP


I think you and your Moms treatment by this so called conveyancing company is very poor and you are well within your rights to complain and take this further


Good luck

bouicca21

Complain! If anyone had treated my mum that way I'd have been screaming at them in proper banshee style.

G_M

longey wrote: »

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

I suspect this is the crux of the matter.

Sorry - but you've gone for the cheap options so you are getting the cheap service.

These outfits keep their costs down by employing people who are minimally qualified, minimally experienced and minimally paid. There is probably one fully qualified individual 'overseeing' a room-full of administrative [STRIKE]monkeys[/STRIKE] staff. so it is not surprising they are unfamiliar with POAs.

So long as a sale/purchase is routine, they can follow a set process and tick each box. Go outside the routine and.........:eek:

But that is no excuse and I too would register a formal complaint - both for your own sake to get things sorted, but also cos they've got to learn.....

hb2

bouicca21 wrote: »

Complain! If anyone had treated my mum that way I'd have been screaming at them in proper banshee style.

Me too! :mad: