Question about Lasting Power of Attorney

MysteryMan

Sorry if this is in the wrong forum as couldn't spot a more appropriate one!

My parents have set up financial LPA's, naming myself and sister and these are all signed and approved. If we ever get to the point of having to step in and look after their affairs do we have to go through another step to "register" the LPA somewhere to let them know it has been invoked or can we just go ahead and use it?

Thanks

maggiesmummy

No - the financial LPA doesn't need activating as it were. You would need a separate LPA for Health and Welfare and you would need proof then that your parents didn't have capacity.

Vortigern

MysteryMan wrote: »

My parents have set up financial LPA's, naming myself and sister and these are all signed and approved. If we ever get to the point of having to step in and look after their affairs do we have to go through another step to "register" the LPA somewhere to let them know it has been invoked or can we just go ahead and use it?

It's registered if every page has been rubber-stamped and perforated by the Office of the Public Guardian. Has this been done?

To use it you'll need to take the LPA document and your own proofs of identity to each of the banks where you wish to operate your parents' accounts. It's best to make an appointment to do this. Some banks will allow you to have online access, some will allow you to have a debit card. Some will not.

Keep_pedalling

By approved, do you mean it has been registered with the office of the public guardian?

MysteryMan

Keep_pedalling wrote: »

By approved, do you mean it has been registered with the office of the public guardian?

Yes, I believe so.....it is all signed, was sent off and came back as approved!

SevenOfNine

After registration (vortigern's description in #3, para 1), I did have to take it to mum's bank & they took a copy while I waited (Nat West). Also required my ID of course.

Husband was told by Lloyds that he'd have to take his dad's one in, only they insisted the old guy had to be there as well. Quite amusing as old guy fell asleep in the office.

Keep_pedalling

MysteryMan wrote: »

Yes, I believe so.....it is all signed, was sent off and came back as approved!

If / when you need to use it you will need to present the registered LPA ( or a certified copy) to which ever organisations you need to manage your parents affairs with.

It is worth making certified copies now and a copy held with each attorney, just in case.

Do you also have your LPAs in place?

AnotherJoe

a tip, if you haven't made your own copies (which you can do yourself, no solicitor needed, and there are stamps you can buy to ease the process of putting the required wording on each page which unfortunately is different to the normal wording for certified copies), do not, under any circumstances, send any organisation your sole copy, and do not even leave it with any organisation for a few hours to copy and give back to you later. Been several posts here where people have done this and they have lost them.

MysteryMan

Keep_pedalling wrote: »

If / when you need to use it you will need to present the registered LPA ( or a certified copy) to which ever organisations you need to manage your parents affairs with.

It is worth making certified copies now and a copy held with each attorney, just in case.

Do you also have your LPAs in place?

Thanks for tips. Yes, we have LPAs in place, but, not the certified copies!

Flugelhorn

Copies can signed by the donors (parents) if they still have capacity as AnotherJoe says, check the wording you need to use

https://www.gov.uk/power-of-attorney/certify

NeverTooLate

Flugelhorn wrote: »

Copies can signed by the donors (parents) if they still have capacity as AnotherJoe says, check the wording you need to use

I was just about to pay a solicitor to do this - really useful advice, thanks.

a tip, if you haven't made your own copies (which you can do yourself, no solicitor needed, and there are stamps you can buy to ease the process of putting the required wording on each page which unfortunately is different to the normal wording for certified copies),

Also this about the stamps