Need advice about an LPA

Jcook_2

I have my mothers LPA and, as an attorny, activated the key for the solicitors who are working on selling my mothers house as she has moved in with us. Banks, GP, etc. have accepted the LPA online Key, but this solicitor insits on the original copy being certified by a solicitor before they will progress. .Gov has directed me on my mother certifying this herself, which is for her to  copy the original, write a statement, sign and date every page, and copy these for those who wish to have it. No, this solicitor wants the original copy. I do not think it correct to give just the one company out of many the original? or write on it which .gov said not to do?? this leaves me with no LPA for all other companies. Why would the online key not suffice? If anyone can reference the law on this so I can go back to this company, I would be grateful. There is nothing like a sensitive compasionate company at this emotional time when you have just taken on the full care of your mother and spend 4-5 hours a day trying to sort out companies like this, is there?

elsien

Did your mum register any wishes or preferences?

“What can organisations see?

The organisations will be able to see the Donor and Attorney/s details, which include:

• Names, addresses and date of births
• How attorney decisions are to be made
• Whether any instructions or preferences exist within the LPA
• When the LPA can be used
• Date the Donor signed the LPA
• LPA registration date

The organisations will not be able to see what the instructions or preferences are, only that some exist. If there are instructions or preferences noted in the LPA, a paper copy of the LPA should be requested by the organisation, to ensure all actions are in line with the Donor’s wishes.”

https://www.wilsonbrowne.co.uk/guides/guide-to-the-use-lasting-power-of-attorney-service/

My other thought is, does your mother have capacity around the house sale? Because if she does, you could do most of the legwork for her, and she could just sign the paperwork. 

TBG01

Gov has directed me on my mother certifying this herself,

Please provide the link then. Because it doesn't take a qualification in law to see how that could lead to fraudulent documents being produced.

No, this solicitor wants the original copy. I do not think it correct 

Well you're infact incorrect.

or write on it which .gov said not to do??

Who has said they'd write on the original? They make a copy, which is certified as being a true copy of the original. Which the buyers Solicitor will funnily enough accept over Barry down the pub certifying it as a copy.

Why would the online key not suffice?

Because it's not the LPA. 

There is nothing like a sensitive compasionate company at this emotional time when you have just taken on the full care of your mother and spend 4-5 hours a day trying to sort out companies like this, is there?

And there's nothing like questioning those who know what they're doing based of a quick Google search.

elsien

TBG01 said:

Gov has directed me on my mother certifying this herself,

Please provide the link then. Because it doesn't take a qualification in law to see how that could lead to fraudulent documents being produced.

No, this solicitor wants the original copy. I do not think it correct 

Well you're infact incorrect.

or write on it which .gov said not to do??

Who has said they'd write on the original? They make a copy, which is certified as being a true copy of the original. Which the buyers Solicitor will funnily enough accept over Barry down the pub certifying it as a copy.

Why would the online key not suffice?

Because it's not the LPA. 

There is nothing like a sensitive compasionate company at this emotional time when you have just taken on the full care of your mother and spend 4-5 hours a day trying to sort out companies like this, is there?

And there's nothing like questioning those who know what they're doing based of a quick Google search.

Here you go. How to certify your own copy of a power-of-attorney on the gov.uk site . https://www.gov.uk/power-of-attorney/certify
It’s you who’s got it wrong this time round.

bobster2

It says...

You can confirm that a copy of your lasting power of attorney (LPA) is genuine by ‘certifying’ it if you’re still able to make your own decisions.

Has it been activated because she has lost mental capacity? Is that why the solicitor won't accept a self-certified copy?

tacpot12

Amazon sell stamps that can be used to add the required text to a certified copy. They sell two different wordings, one for use on the last page and one for use on all the other pages. I would only recommend buying the stamp taht ois used for all the other pages, and to hand write the text required on the last page. 

As has been advised, the donor can do this if they have capacity or a solicitor can do it if they do not.