POA query - Scotland

Gers

I have POA for my DM and mainly use it for financial stuff - she's aged and frail, mentally on the ball though very deaf.

Now I need a new certified copy of the original document for another organisation. It won't accept an emailed version of my own copy.

Rather than have our solicitor photocopy and certify I am hoping that it can be done by ourselves. I assume that I can't certify a copy - my question is; who can? I assume that my DM can as she is the donor and mentally competent. Who else can?

Thanks

agrinnall

It looks like the options are:

• the granter of the PoA,
• a solicitor,
• a stockbroker or
• a person authorised for the purposes of the Legal Services Act 2007

http://www.publicguardian-scotland.gov.uk/power-of-attorney/registration/your-certificate


For the last of these the relevant section of the Act seems to be this one (not sure it's very helpful though):


https://www.legislation.gov.uk/ukpga/2007/29/section/18

Grey_Critic

Now I need a new certified copy-


You answer your own Question CERTIFIED - It is a legal document. DIY is not acceptable. With POA you are required to make an annual return - at least you are in England - any legitimate costs are allowable so do not see your poblem.

Gers

Grey_Critic wrote: »

Now I need a new certified copy-


You answer your own Question CERTIFIED - It is a legal document. DIY is not acceptable. With POA you are required to make an annual return - at least you are in England - any legitimate costs are allowable so do not see your poblem.

I'm not sure why you think I don't know it's a legal document, nor why you mention an annual return. Have you read my post and question? And I'm not in England.

Gers

agrinnall wrote: »

It looks like the options are:

• the granter of the PoA,
• a solicitor,
• a stockbroker or
• a person authorised for the purposes of the Legal Services Act 2007

http://www.publicguardian-scotland.gov.uk/power-of-attorney/registration/your-certificate


For the last of these the relevant section of the Act seems to be this one (not sure it's very helpful though):


https://www.legislation.gov.uk/ukpga/2007/29/section/18

Thanks. My DM will be happy to certify the copy. No idea why a stockbroker is seen as the same as a solicitor!

I had read the website you posted but also found it unhelpful so wanted a little more clarity. Anorher minefield.

The copy I hold just has a stamp saying 'certified as a true copy' and the the signature of our solicitor on.

Thanks again.

alanq

Grey_Critic wrote: »

With POA you are required to make an annual return - at least you are in England - any legitimate costs are allowable so do not see your poblem.

In England, under Lasting Power of Attorney, there is no requirement to make annual returns. Records must be kept and must be produced if required. You may be thinking of a Deputyship which does require annual returns.

missile

This would seems to be the answer?

http://www.publicguardian-scotland.gov.uk/power-of-attorney/registration/your-certificate
We can issue duplicate copies of the certificate of registration and copy of the PoA.

Gers

Thanks - I've ordered a stamp with the correct wording on and will get DM to certify a copy. She still has full mental capacity so the welfare part has not been activated.

I'm sure the Office of Public Guardian will charge for each copy, the stamp was £15.00 so definitely MSE.

Nebulous2

Councillors in Scotland have signing powers. They can sign anything which says it can be signed by a JP, including certifying copies of documents. They can't / dont charge.

https://www2.gov.scot/Publications/2012/09/4962

Gers

Nebulous2 wrote: »

Councillors in Scotland have signing powers. They can sign anything which says it can be signed by a JP, including certifying copies of documents. They can't / dont charge.

https://www2.gov.scot/Publications/2012/09/4962

Thanks - the stamp has arrived so will use it next week. I've also just found out that a neighbour of DM's is a JP so that's another option.

Gers

Update - did the photocopying at home, stamped all the pages and DM signed / dated them. Two copies of 10 pages each, had to fortify DM with a cup of tea.

Now I can get them off.