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Power of Attorney

5 replies

MrsCosmopilite · 15/01/2014 10:43

Hoping someone can help with a simple question. I'm in the process of obtaining POA for elderly relatives. My signature for one of them was witnessed by the solicitor drawing up documents at the time.
I need to sign for one other relative, and my sibling needs to sign too.

I can see that signatures need to be witnessed, but I cannot determine whether that witness needs to be a lawyer/solicitor/professional or just a 'man on the street' type.

Can someone advise please? Relatives are fading fast and time is of the essence.

OP posts:
MrsCosmopilite · 15/01/2014 11:21

I've got POA for one person, can I witness my sibling signing for that same person?

OP posts:
poshfrock · 15/01/2014 12:55

If you are an attorney you cannot also be a witness. The witness does not need to be a solicitor or other professional, it just needs to be someone who knows your sibling and can confirm that they have signed the document. They must actually see them sign, ie they can't be a "witness" after the event.
Your sibling could use a work colleague, neighbour or friend.
I am not sure what you mean when you say that you "need to sign for one other relative". You cannot be a witness as you are an attorney and you obviously can't sign on someone else's behalf. Go back and ask the solicitor for confirmation if you are unsure - that is what you are paying them for !
Are you aware of the current timeframe for registration of powers of attorney with the OPG ? According to their website it's about 9 weeks so if the relative is "fading fast" the you may already be too late.

You may also find this useful if you solicitor hasn't already given you a copy

www.mylastingpowerofattorney.co.uk/download/Guide%20for%20attorneys%20under%20a%20property%20and%20affairs%20LPA.pdf

MrsCosmopilite · 15/01/2014 13:48

No that's fine, thankyou.

I've signed POA for the female of the couple, have to sign the forms for the male. Can ask my neighbour if they will witness mine and my siblings signatures on Saturday when I see them.

The person 'fading fast' (male) is not likely to need me to do anything on their behalf as everything is in joint names and would automatically pass to her.

Unfortunately the solicitor handling this has dawdled and dawdled since July on this....

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poshfrock · 15/01/2014 14:53

Yes, but you do realise that the neighbour has to actually see you physically sign the form ( and your sibling). You can't just sign it and then ask the neighbour to countersign it a couple of days later. That is why it is called "witnessing". It's just not very clear from your recent most that's all.

MrsCosmopilite · 15/01/2014 18:59

Yes, I will ask the neighbour if we can call in on them, or vice versa. Thanks again. :)

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