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Elderly parents

Quickest way to get a copy of a power of attorney

14 replies

Choux · 12/12/2021 18:08

My parents each set up financial and medical POAs with me as the attorney 4 or 5 years ago. They set it up through a solicitor and I received a copy through the post and I recall having a brief chat to the solicitor.

We are now getting to the point where I need to start using the POA. But I can't find it - am still searching. Assuming I can't find it what is the fastest option to get another?

Does anyone know if my parents will have been sent a copy too? They have less paperwork than me so I may be able to find it while there at Christmas. They live too far away to check this week though.

Would the solicitor have a copy? I assume she just completed the forms with / on their behalf and she might have the POA number but nothing else?

How long does it take to get a copy from the Office of the Public Guardian?

Am also worried that it might be set up so I only get to activate it once they have lost capacity. Neither of them is capable of doing their own banking anymore but they do have capacity in general.

Ok back to looking for the documents!

OP posts:
Lougle · 12/12/2021 18:47

You need to ask them who they decided the LPA would be sent to. They may have chosen it to be sent to themselves, or one of their attorneys. The proper LPA has a perforated stamp at the bottom - do you remember your version having that?

You could phone the solicitor. They may have a copy, but it would have to be certified.

Purplepancakes · 12/12/2021 18:49

You can get a certified copy from the Office of the Public Guardian if its been registered. Solicitor could have a copy or original and can also provide certified copies if they hold original.

Choux · 12/12/2021 19:07

I don't recall a perforated stamp on the documents I received.

I vaguely recall the solicitor saying I should contact her when I needed to start using it (my copies turned up by post out of the blue as my parents hadn't told me they were setting it up so when I spoke to the solicitor I was even more clueless about POA than I am now)

OP posts:
Choux · 12/12/2021 19:10

@Purplepancakes

You can get a certified copy from the Office of the Public Guardian if its been registered. Solicitor could have a copy or original and can also provide certified copies if they hold original.
The solicitor better have registered it. They charged my parents quite a lot so if that was just to fill in forms and not register it I will be really cross!
OP posts:
KittenCatcher · 12/12/2021 19:24

Did you sign the original copy to agree to being an attorney, the solicitor couldn't have just sent you a copy without your signature. I would ring the solicitor to find out if they were registered, its only the original certified copy that has the embossed stamp. If its not registered then maybe you can ask your parents to set up a third party mandate at their bank so you can help with their finances.

kitcat15 · 12/12/2021 19:29

I don't see how your copy could have turned up out of the blue...very odd....you have to agree to it.....and you are send letters from the office of the public guardian to check you are happy to go ahead before the final copy is sent....sounds very strange🙄

CMOTDibbler · 12/12/2021 19:30

My parents solicitor who set up the POA kept the originals, so I'd start there

WibbleyWobble · 12/12/2021 19:36

Your solicitor should have the original. The should send you a certified copy if you ask them.

Jessicabrassica · 12/12/2021 20:27

We didn't register ours until we needed to use it - which was about 15 years after the paperwork was done. It was an enduring power of attorney so I actually had to serve notice on the 3 nearest living relatives at the point I registered it.
When I lost my copy I was able to get a replacement from the Court of Protection.

Lougle · 12/12/2021 20:57

@kitcat15

I don't see how your copy could have turned up out of the blue...very odd....you have to agree to it.....and you are send letters from the office of the public guardian to check you are happy to go ahead before the final copy is sent....sounds very strange🙄
That's a good point. You can't be an attorney without signing to say you agree, and your signature must be witnessed.
Choux · 12/12/2021 21:28

Thanks for all the inputs. Perhaps I can't find the paperwork because I don't have it.

It could be I got my signature witnessed and returned it to the solicitor for her to register it.

Sounds like a call to her is needed tomorrow. Will speak to my dad too and see if he remembers anything / has a copy.

OP posts:
gukvguk · 13/12/2021 17:57

You can fill in a form and request the info from the Office of Public Guardian:

www.gov.uk/find-someones-attorney-deputy-or-guardian

The response is usually back in a couple of days.

Choux · 14/12/2021 20:22

I spoke to the solicitor. She has registered the POA after I signed and returned the forms to her 5 years ago.

The original is in the strong room and she is going to get a certified copy ready for me for next week.

So I was panicking about not being able to find paperwork that I didn't have - doh!

OP posts:
Lougle · 14/12/2021 23:01

All's well that ends well. What a relief.

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