Lasting Power Of Attorney

[dollymay]

This is a follow up to my post in May. My husband and I have LPA's both in each other's favour set up a couple of years back. Both were registered at the time with the Office of Public Guardian. The original is with our solicitors, who drew up all the documentation, we have copies. It is possible I might have to 'activate' mine for my husband, who is in a nursing home, he is able to comprehend but not really able to make decisions but I am sure he would agree (and is capable of agreeing) to my making these for him. I am not sure if he can physically sign a document. However my solicitor says in order to enact the LPA's I need signed copies, which will cost £30 each through them. He was vague about how many I would need and how long they would be valid for. The only one that is likely to be needed soon is to claim for his hospital stay with our private health company (Benenden), which will probably require his signature. I am confused, if it has been registered why cant I just use the LPA now? Should I be thinking of getting another solicitor, and if so can I just ask the original one to send me the originals? Appreciate your advice please??

[bednobs]

Did. My understanding is that if they are registered with opg you can start to use. Perhaps your solicitor is talking of certified copies?

[bednobs]

https://www.gov.uk/power-of-attorney/certify I would suggest the solicitor means this

[bednobs]

But they really should be clear with you

[dollymay]

Yes I believe he does mean certified copies, but still don't really understand why they are required. Is £30 each reasonable and how many do you think would be required? My husband is unlikely to object, but I don't think he would be able to physically sign such documents coherently, so should I get the solicitor to draw up the certified copies and if so, do I simply attach these to any document that requires his signature? Also why couldn't the solicitor have given us certified copies when we drew up the LPA? Thanks to you all.

[bednobs]

one supposes because you didnt ask them or they may never have been needed.
Imagine this situation: you need to send the original off to the private healthcare company (so they can see the OPG raised marks) it's a big office, thousands of letters in and out each day, some teenager in the post room; the person assessing your claim just adds it to the file. in the meantime you need authority to act on his behalf in othe matters and you're stuffed.
i personally would always keep the original, and send certified copies away. there is nothing stopping you ringing round other solicitors/notaries and seeing if you could get it done cheaper

[bednobs]

for stuff you can actually go to (like the bank) probably just showing it for each transaction is enough though. do you have both types (health and welfare and money)?

[dollymay]

Only the financial part. My solicitor said the health and welfare one is normally unnecessary, as doctors etc. normally go with the wishes of next of kin.

I see what you mean about places I can probably visit, i.e. a bank, but I am thinking of documents, like claim forms, that require his signature??

[bednobs]

if you want an easy life, get the solicitor to give you a couple of certified copies to begin with. it should be very quick, and if you need more go from there. some companies ae far more rigourous than others about what theyll accept

[THECORBYLOON]

Unfortunately, this won't be if use to you but it might be for others.

For LPAs registered on or after 17.7.20, third parties can be given a code to access the online details of the LPA.

https://publicguardian.blog.gov.uk/2020/09/09/use-a-lasting-power-of-attorney-your-questions-answered/

"How does the Use a lasting power of attorney service work?

Customers whose LPAs are registered by the OPG (this is the last thing we do before returning it to you) on or after the 17 July 2020 will receive an LPA reference number and activation key in their registration letter. Both attorneys and donors on the LPA will receive these details.

They can then visit www.gov.uk/use-lpa to create an account and add the LPA by using the reference number and activation key, along with their date of birth.

Once the LPA is added, the customer can choose to share the details by generating a secure access code to provide to third party organisations.

The third party can then view the LPA details by going to www.gov.uk/view-lpa, adding the customer name and secure access code.

This enables the organisation to check the LPA is valid and offers a downloadable version of the LPA summary to save for their records.

Who is this service available for?

This service is available to users with an LPA registered on or after 17 July 2020. We are currently working on making this available for older LPAs from earlier in 2020 and some from 2019, but don’t yet have a date for this.

Both attorneys and donors can use this service as they both receive an LPA reference number and activation key in their registration letters.

Any organisation can access the summary of the LPA once they have been provided with a secure access code from the user. They don’t need to register to use the service.

So long as they have the donor’s name and the access code, they will be able to view the summary of the LPA and see if the LPA is valid."

[bednobs]

wow!

[THECORBYLOON]

They're in the process of adding earlier ones from 2020 and some from 2019 but don't have a release date and don't yet have the funding to add older ones.

[Rosetta]

Thank you THECORBYLOON, thats useful information as my husband and I need to set up LPAs soon

[gylly]

If you can get the original LPA from the solicitors, your local job centre should be able to provide you with certified copies.

[Buenchico]

Further to the press release quoted by TCL, if an LPA was registered between 1 September 2019 and 16 July 2020, you can now acquire an activation key via the online service:
https://www.gov.uk/use-lasting-power-of-attorney

[bednobs]

Gylly, according to the Gov site for an loa it has to he done by a solicitor or notary

[bednobs]

*lpa

[THECORBYLOON]

It would have been helpful if that additional info had been included as an update in my link.

Regarding getting the Jobcentre to make copies of the LPA, the copies would not be certified copies and folk at Jobcentres would not have the time.

[THECORBYLOON]

BEDNOBS, your answer wasnt there when I began mines and the 'phone had a wobbly.

[gylly]

I work in a job centre and we do this frequently for people who need it doing, and no-one has ever come back and said that it wasn't accepted.

[DTCwordfan]

In my mother's case, the solicitor had to go back to the magistrates to get their endorsement, we, the next of kin, having signalled our acceptance of enacting the PoA (a lasting one) No issue from the family and total cost was about £120 if I remember correctly so as it was a few years ago.