LPA Query

DancingBadger

I am named as the replacement attorney on my BIL's LPAs, and now need the original documents which are held by the will-writing company which set them up.  I emailed the company to request them and have received the following response:

"As emails can come from from anybody we will just need to see his signed authority."
(I assume they mean my BIL's signed authority.)

Ordinarily, I would consider this a reasonable request, but as I was in contact with the company last year when my sister died and had to prove my identity before they would release her will to me, I'm not sure they're not being difficult.  (They were not happy at me for not giving them instructions to apply for probate.)

Your input would be much appreciated.

msb1234

I recently had to collect my mums will from a solicitors 150 miles away. They saw my extensive ID. I mentioned my stepfather’s will which they confirm they hold. He’s not expected to live many months and I’m his sole executor. They said I’d have to show my ID again when the time comes to collect his will! 

Savvy_Sue

We visited a professional for advice after the death of each parent, several years apart, so I was unsurprised at being asked to 'prove' my ID both times, even though the adviser remembered us and knew exactly who we were. 

and they're right, emails can come from anyone. 

Although, what will they do if your BIL cannot provide a signed authority? Expect to have to provide your ID again. 

For the professional involved, asking for ID for each separate area of work they do protects them. The expectations around KYC (Know Your Customer) are high. 

Keep_pedalling

My advice for anyone looking at making an LPA now would be to not use a will wring company, bu5 if you must don’t let them hold the original document as not only can it be difficult to get it back, but if they go bust you may never get it back at all.

Does anyone hold a certified copy you can use? Does you BIL still have his mental faculties?

DancingBadger

Keep_pedalling said:

My advice for anyone looking at making an LPA now would be to not use a will wring company, bu5 if you must don’t let them hold the original document as not only can it be difficult to get it back, but if they go bust you may never get it back at all.

Does anyone hold a certified copy you can use? Does you BIL still have his mental faculties?

While I'm sure there are well-meaning and reputable will writers/companies out there, based on my experience over the past year, I would advise everyone to avoid them as, unlike solicitors, they're unregulated.  Therefore, there's no comeback other than civil court action if things go wrong.  My sense of foreboding when I researched this particular company was well-founded.

BIL does still have his mental faculties (just!) and I could ask him to certify the copies I have of both LPAs, but they're quite faded and I would prefer to have the originals.  Therefore, I don't think I have any choice but to draft a letter of consent for him to sign and send.  Distance is the problem; he lives over 100 miles from me.  In an ideal world, I'd take him the letter to sign, then arrange to hand deliver it and collect the LPAs.

I thought we'd seen the last of this "legal services" company, but along with the LPA issue I've also uncovered another possible problem which I will need to address in due course.

Malthusian

Has the LPA been registered, and does it take effect immediately on registration rather than when the donor loses capacity?

If so they are being unreasonable. The entire point of making an LPA is that you should be able to handle everything for him.

(If he ticked the box saying "only when I don't have mental capacity" then they are doing the right thing, as the LPOA is currently ineffective and you have no authority. But hopefully he didn't commit that schoolboy error.)

All that said, it may be quicker to humour them than argue with them.

I thought we'd seen the last of this "legal services" company, but along with the LPA issue I've also uncovered another possible problem which I will need to address in due course.

If they've mucked up his Will or something like that, then it's possible that you might have to find the time to arrange a meeting with a solicitor with the two of you, in which case you can sort out the LPOA at the same time. 

If you are the only remaining attorney, and he still has capacity, it may be a good idea to make new LPOAs if there are any other trusted people (especially from a younger generation) who could act as second or replacement attorneys.

DancingBadger

Malthusian said:

Has the LPA been registered, and does it take effect immediately on registration rather than when the donor loses capacity?

If so they are being unreasonable. The entire point of making an LPA is that you should be able to handle everything for him.

(If he ticked the box saying "only when I don't have mental capacity" then they are doing the right thing, as the LPOA is currently ineffective and you have no authority. But hopefully he didn't commit that schoolboy error.)

All that said, it may be quicker to humour them than argue with them.

I thought we'd seen the last of this "legal services" company, but along with the LPA issue I've also uncovered another possible problem which I will need to address in due course.

If they've mucked up his Will or something like that, then it's possible that you might have to find the time to arrange a meeting with a solicitor with the two of you, in which case you can sort out the LPOA at the same time. 

If you are the only remaining attorney, and he still has capacity, it may be a good idea to make new LPOAs if there are any other trusted people (especially from a younger generation) who could act as second or replacement attorneys.

The LPA was registered when it was first incepted back in 2013 and my late sister was the attorney; I was nominated as the replacement attorney.  The was no need of an LPA until recently when my BIL became physically frail, which is when he handed over to me a suitcase full of disorganised paperwork(!).  Following guidance for replacement attorneys on the copies I have, I contacted the Office of the Public Guardian this afternoon (only a wait of 67 minutes in a queue to speak to someone, but at least they didn't have irritating muffled music on repeat). 

I'm glad I waited, though, because the person I spoke to was very helpful.  Replacement attorneys can't just automatically act; the OPG requires them to return the original documents in the first instance so their records can be amended and new forms issued.  In the event of the original documents being mislaid or otherwise unavailable to be returned, the OPG can issue new documentation, but there is a charge of £35 per LPA.  On that basis, I shall try and retrieve the originals from the will writers in the knowledge all is not lost if they become difficult.

The second replacement attorney is something we've thought about, but shelved temporarily as new LPAs can take up to 20 weeks to finalise and his need for assistance is immediate - and I'm not that old ( ) , although accidents and illness do of course happen.

As for BIL's will, he did request the original from them last year, but they wanted to charge silly money to send it to him.  He now has a new more straightforward will drawn up by a solicitor. 

Thank you for your advice.  I'm going to do another post about the other problem once I have PoA, but want to collect my thoughts and keep my powder dry for the time being.