UKC

Just been checking for reference on the procedures for invoking power of attorney. Apparently the attorney has to provide to any organisation with which he/she is dealing on behalf of the LPA donor a certified copy of the LPA document. Seems there is a fee for obtaining a certified copy.

Does anyone know if the attorney can make that payment out of the donor's funds or do they have to stump up themselves.

Do banks etc. retain the certified copy or return it to the attorney?

Grateful for any advice from anyone who knows.

In reply to FesteringSore:
I have Lasting Power of Attorney (Financial) and Lasting power of Attorney (Health & Welfare) obtained while my mother was still ok to sign & agree to them.

Since then dementia has developed and I have to make decisions for her.

Hint for others: get LPA for others or yourself whilst still mentally capable of signing & agreeing.

Our solicitor is a family friend so I didn't get charged for copies.

I've found that banks etc will return the copy but get an extra copy just in case.

I supplied a copy to my mother's bank so now I can use her bank account to pay her bills.

She paid for original LPA fees so I see no reason why I couldn't use her money for further LPA/PoA related fees.

Unless it was large amount I'd pay it myself as I don't want to take direct payments from her to me.

In reply to elsewhere:

Many thanks for that.

In reply to FesteringSore:
I found the various stages of appointing someone quite long winded so it is best to act whilst still compos mentis. It is certainly desirable that someone holds your LPA, just in case. But that power lapses as soon as you die, it does not become an executory power unless you have also appointed that person as an executor of your will.

In reply to jcw:

Due to a mix up with the paperwork by his GP, my Dad went from being well enough to sign to not while we were applying for a power of attorney. Without him being judged able to sign, the process became much more complicated (& from memory more expensive, but not sure of that)

In reply to FesteringSore:

I read it that the person in question can certify copies themselves if they are compos mentis. https://www.gov.uk/power-of-attorney/certify


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.

You or your attorney can use a certified copy to register your LPA if you don’t have the original form.

Your attorney can also use the certified copy to prove they have permission to make decisions on your behalf, for example to manage your bank account.

How to certify a copy
Write the following text on the bottom of every page of the copy:

“I certify this is a true and complete copy of the corresponding page of the original lasting power of attorney.”

On the final page of the copy, you must also write:

“I certify this is a true and complete copy of the lasting power of attorney.”

You need to sign and date every page.

In reply to FesteringSore:

WTF are the weird 'Dislikes' about on each of the above posts?

In reply to Gordon Stainforth:
I was about to ask why someone had disliked my purely factual post, then noticed all posts (but yours) had been disliked, bizarre

edit to add that your's has also now been disliked

In reply to Doug:

It means that the dubious Dislike button here becomes entirely meaningless. It makes no sense whatever to dislike a factual question. One might just as well 'dislike' someone for asking 'what is the exact height of Mount Everest?'. The only sense it could possibly have would have to pertain to the personal private life/mental condition of the 'Disliker'.

In reply to FesteringSore:


I have a copy of the original. Most organisations seem to be happy with a photocopy or scan of this.


PoA means you manage that person's affairs, not pay for them. I have PoA over the father of my best friend, & all cash costs I incur (such as paying the gardener) I reclaim directly (as part of the PoA, I have full online access to his bank accounts, so just transfer the appropriate sum to my account)


When I was sorting out getting access to his online banking etc, I took in my original copy & they took a scan/photocopy for their records. I've never had to pay for any extra copies.

In reply to Gordon Stainforth:

Perhaps not compos mentis. Hope the person has already made a LPA.

In reply to FesteringSore:

I've got the originals - i have avoided posting them anywhere and have presented the originals to various branches of banks etc for them to photocopy/Scan for whichever central department needs a copy

In reply to nniff:

Yes, definitely don't ever send the original anywhere.

Any solicitor will be able to copy and certify the LPA (or EPA if you made it a million years ago) for like 5 quid. Maybe more if they suck and don't have stamps of the phrase that needs to go on each page of the LPA.

In reply to Gordon Stainforth:

On some phones and tablets it's easy to 'dislike' a post accidentally - it's a fat thumb/touch screen interface thing. Or perhaps it's just someone being a numpty.
Either way just ignore the dislikes ffs.