Assuming Power of Attorney
Discussion
I may be asked to assume PoA on behalf of someone for a period of time to deal with their affairs. The procedural side of assigning PoA is being dealt with but I wondered if those who have assumed such a position can give me an insight as to how it plays out on a practical level going forward?
I am aiming to establish parties who might have an interest in the person's affairs - a list of banks, council tax, management company (leasehold property), pension provider etc.
If I write to each of those with a copy of the PoA do then I simply communicate with them as if I were their direct customer with regard to payment of bills, payments in/out etc?
This is something I have little experience of and would appreciate any guidance.
I am aiming to establish parties who might have an interest in the person's affairs - a list of banks, council tax, management company (leasehold property), pension provider etc.
If I write to each of those with a copy of the PoA do then I simply communicate with them as if I were their direct customer with regard to payment of bills, payments in/out etc?
This is something I have little experience of and would appreciate any guidance.
Its basically what you’ve said - contact each party with covering letter, official POA instruction (it has some special stamp on it once officially accepted) and copy of your ID (driving licence).
One well known insurance company took a month to turn around the request for us, so if you’ve lots to do maybe see if you can get more than one official copy of POA or prioritise which to do first.
Ian
One well known insurance company took a month to turn around the request for us, so if you’ve lots to do maybe see if you can get more than one official copy of POA or prioritise which to do first.
Ian
Paynewright said:
Its basically what you’ve said - contact each party with covering letter, official POA instruction (it has some special stamp on it once officially accepted) and copy of your ID (driving licence).
One well known insurance company took a month to turn around the request for us, so if you’ve lots to do maybe see if you can get more than one official copy of POA or prioritise which to do first.
Ian
Thanks Ian. One well known insurance company took a month to turn around the request for us, so if you’ve lots to do maybe see if you can get more than one official copy of POA or prioritise which to do first.
Ian
I assume from what you say it must be the original PoA then? The idea of any large organisation sending this back fills me with dread! Hopefully I can use a certified copy.
Shnozz said:
I assume from what you say it must be the original PoA then? The idea of any large organisation sending this back fills me with dread! Hopefully I can use a certified copy.
Yes. Make sure you get multiple certified copies to enable you to contact multiple organisations in parallel.Banks and building societies you can usually book an appointment in branch to see an actualy person :-0 . All our experiences like this were very positive and efficient and usually they just take copies there and then as the banks representitive witnesses seeing the official POA and you leave with it. (Rather than it disappearing into the bowels of the organisation) . Just go in armed with account details etc of the person you are acting on behalf of.
With the main bank account we were given a separate POA bank card / PIN so we could pay for stuff and draw cash. I say we, it was in my sisters name.
Ian
With the main bank account we were given a separate POA bank card / PIN so we could pay for stuff and draw cash. I say we, it was in my sisters name.
Ian
Edited by Paynewright on Friday 4th January 16:09
Edited by Paynewright on Friday 4th January 16:11
desolate said:
Definitely get multiple copies when you apply. As many as you can.
They only give you one copy now (or at least that was the answer last year when I asked last year), if you want multiple copies you can ask a solicitor to photocopy it and sign each page as a genuine copy.pozi said:
They only give you one copy now (or at least that was the answer last year when I asked last year), if you want multiple copies you can ask a solicitor to photocopy it and sign each page as a genuine copy.
Think I am mixing up death certificate and LPOA.Had to deal with both at the same time for my parents. What a palaver that was.
When you start registering the LPA with banks etc. you'll find out just how ignorant a lot of these large institutions are when it comes to this and also how much their processes differ.
Some will want you to send a certified copy to them, not just witness it at a branch.
This will soon become difficult to keep track of, so one tip is to make sure whenever you send out one of the certified copies, you always record where and when it was sent so that if they don't automatically return it to you, you can chase it up.
Never, ever send the original. Keep that safe with you at all times. If any of them tell you they need to have the original, they are wrong.
I've also had a bank tell me my certified copy wasn't properly certified. It was, they were wrong and backed down.
Some will want you to send a certified copy to them, not just witness it at a branch.
This will soon become difficult to keep track of, so one tip is to make sure whenever you send out one of the certified copies, you always record where and when it was sent so that if they don't automatically return it to you, you can chase it up.
Never, ever send the original. Keep that safe with you at all times. If any of them tell you they need to have the original, they are wrong.
I've also had a bank tell me my certified copy wasn't properly certified. It was, they were wrong and backed down.
FurtiveFreddy said:
When you start registering the LPA with banks etc. you'll find out just how ignorant a lot of these large institutions are when it comes to this and also how much their processes differ.
Some will want you to send a certified copy to them, not just witness it at a branch.
This will soon become difficult to keep track of, so one tip is to make sure whenever you send out one of the certified copies, you always record where and when it was sent so that if they don't automatically return it to you, you can chase it up.
Never, ever send the original. Keep that safe with you at all times. If any of them tell you they need to have the original, they are wrong.
I've also had a bank tell me my certified copy wasn't properly certified. It was, they were wrong and backed down.
Yes , same here had a nightmare getting the banks (Halifax and Lloyds) to sort out what they would and wouldn't accept. The second time I took the original into the Halifax I insisted in going with them when they photocopied it.Some will want you to send a certified copy to them, not just witness it at a branch.
This will soon become difficult to keep track of, so one tip is to make sure whenever you send out one of the certified copies, you always record where and when it was sent so that if they don't automatically return it to you, you can chase it up.
Never, ever send the original. Keep that safe with you at all times. If any of them tell you they need to have the original, they are wrong.
I've also had a bank tell me my certified copy wasn't properly certified. It was, they were wrong and backed down.
Re ignorance - I was sat on the fence between ineptitude and being purposely cumbersome, to protect their own ar$e and possibly their customers assets.
Unfortunately, father passed away over Christmas so LPA instantly void and we’re into the realms of probate. I’m an executor so everything I’ve learnt about his financial affairs will be invaluable.
Ian
Unfortunately, father passed away over Christmas so LPA instantly void and we’re into the realms of probate. I’m an executor so everything I’ve learnt about his financial affairs will be invaluable.
Ian
Good advice given above. All of the players you list will want to see the original document or a certified copy. Do not send the original. The document needs to be sent in its entirety - all 32 pages or so. Some (most) will return it to you but if you only have one copy it can become pretty dog-eared. Only certain people can "certify" the copy and it has to be stamped and signed on every page. You should consider who needs to know you have LPOA and deal with priorities first - not necessarily the scatter-gun approach. Basically LPOA gives you the power to act on someone's behalf and in their best interests acting in the same way as they would have done themselves had they been capable. The Office of the Public Guardian is very helpful if you have difficulties and need to discuss things. It is quite a big responsibility. Good luck!
Over the last year or so, I have triggered the LPA's for both of my parents. I am gradually consolidating their cash & assets to make their finances more transparent.
Don't underestimate the effort this takes!
But saying that, without an LPA it would be a complete nightmare.
As has been said:
The OPG are really helpful.
Most Banks are extremely inept.
Some Banks will take 3rd party instruction (i.e. from a financial advisor) others won't. Some Banks demand lots of ID, others don't. I've spent hours and hours on this...
Don't underestimate the effort this takes!
But saying that, without an LPA it would be a complete nightmare.
As has been said:
The OPG are really helpful.
Most Banks are extremely inept.
Some Banks will take 3rd party instruction (i.e. from a financial advisor) others won't. Some Banks demand lots of ID, others don't. I've spent hours and hours on this...
Requirements seem to differ so much depending on the "organisation" you are dealing with.
We got my Mum's LPA's registered with the OPG a few years ago.
I took the original property and financial affairs form into Barclays and Nationwide, they took a copy and gave them back and we were good to go - they didn't even need specimen signatures as I have accounts with both of them.
Her GP surgery didn't want to see either LPA, they were happy to deal with my sister and I so long as they had a letter from Mum telling them that they could. So I did the letter, Mum signed it and that was that.
But the private sector care provider wanted full copies of both LPAs, property and financial and health and welfare, before they would take instructions from us - but accepted them in pdf format by E-mail!
We got my Mum's LPA's registered with the OPG a few years ago.
I took the original property and financial affairs form into Barclays and Nationwide, they took a copy and gave them back and we were good to go - they didn't even need specimen signatures as I have accounts with both of them.
Her GP surgery didn't want to see either LPA, they were happy to deal with my sister and I so long as they had a letter from Mum telling them that they could. So I did the letter, Mum signed it and that was that.
But the private sector care provider wanted full copies of both LPAs, property and financial and health and welfare, before they would take instructions from us - but accepted them in pdf format by E-mail!
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