Advice regarding Power of Attorney document please

whelkmice

I would be grateful for any advice regarding legal ownership of an Enduring Power of Attorney (EPOA) document for my mother.

My solicitor, who has the said document, wants to charge me £50 plus VAT for a certified copy of the EPOA.

I am selling my mother's house in order to pay for her care - I have been advised by the Bank & Estate Agents solicitor that they just need to see the document & take copies for their records. I do not wish to line the Solicitors' pockets any further having paid a considerable sum for them to get the EPOA from the Office Of the Public Guardian.

Am I within my rights to ask for the original EPOA document from the solicitor and keep it? The solicitor also wants to charge a yearly fee to store it in their safe!

I would like to know how I stand legally in requesting that the solicitor hands over the document to me!

Thanks in advance...

Keep_pedalling

Just tell them you no longer need a certified copy, and want to the original document. They can’t refuse. Certified copies are probable going to be useful, but £60 a copy is way over the top.

whelkmice

Thanks for your reply @Keep_pedalling
Yes, I thought that £60 a copy was very expensive - can I take the original document to another solicitor who may charge less for a copy?

You said Certified copies are probably going to be useful - I *believe* I only need show the document to 2 parties with regard to the house sale. In what way / situation do you think I would need a Certified copy instead of actually having the original document??

Gers

Keep_pedalling said:

Just tell them you no longer need a certified copy, and want to the original document. They can’t refuse. Certified copies are probable going to be useful, but £60 a copy is way over the top.

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

The mother can self certify copies if she's able.  It's a pain to write on every page but worthwhile.  I had an inking stamp made with the required text which was very useful.

whelkmice

Thanks for your reply @Gers

Unforfortunately my mother has Dementia & is not able to self certify the EPOA.

Keep_pedalling

They are useful if you need to post a copy to another party such as a bank, or the DWP as it is then not such an issue if it gets lost. 

whelkmice

Thanks @Keep_pedalling - do you know if I can take the original documents to another solicitor, who may charge less to create a certified copy?

Robin9

Why take them to another solicitor ?   Just keep them at home - I have a metal briefcase for mine (and the life assurances, etc)

Keep_pedalling

whelkmice said:

Thanks @Keep_pedalling - do you know if I can take the original documents to another solicitor, who may charge less to create a certified copy?

Yes you can do that most won’t charge anywhere that, and it is not only solicitors who can provide the service.

https://www.gov.uk/certifying-a-document

Pennylane

A friend of mine took her documents to be certified into the local Council Offices/Job Centre and they did them and I am sure she said there was no charge. 

JGB1955

My conveyancing solicitor provided me with certified copies at £6 each.