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Using a Lasting Power of Attorney

9 replies

BlueHotel · 04/12/2021 08:43

My partner and I have recently moved back to UK from France. We have to inform the International Pensions Department of our new address. I did this easily on the phone, but my partner who has dementia couldn't answer the security questions and although he is able to identify himself and give permission for me to answer for him, this was refused.

He does have an LPA with me as the sole Attorney. The pensions people are asking for a certified copy of the LPA.

The Government have set up a system whereby other government departments, local authorities, businesses etc. can survey the LPA on line if I apply for an activation code for them. The Pensions department refuse to do this.

So it seems that I must get a certified copy, which is difficult because the only person who could do it is the doctor , as we know no-one else "in authority" here. The practice is overwhelmed and can give no timescale to do this for me.

Is there another route? Should I insist on speaking to a supervisor at the Pensions Department? Has anybody had this experience?

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BetterCare · 04/12/2021 08:54

This is not legal advice. I would definitely want to understand why the Pensions Department is not using the process created, that seems ridiculous.

But to answer your question when we had to do it for my parents we had a solicitor do it a couple of times. Some solicitors offer it some don't. Also, our financial advisor because she is authorised to carry out notarial activities.

It is frustrating because these services are not widely offered and it is even more frustrating that the government has put in, what seems, a sensible process that the pension department will not use.

Good luck

Thecatisboss · 04/12/2021 09:12

I work at a solicitors. Our solicitors will certify a copy of an LPA and charge £25 + VAT for it as they have to certify each page individually. A lot of banks etc. are refusing to accept anything less than a certified copy these days (or the original but it is not a good idea to give anyone the original!) if it gets lost/damaged, it is very time consuming to get a copy from the Office of Public Guardian.

SolasAnla · 04/12/2021 09:25

As they pay money out it will be part of their fraud prevention policy.
Unfortunately if there is a way to defraud someone will have tried and possibly succeeded in doing it.

prh47bridge · 04/12/2021 09:31

The DWP do accept LPA codes, but you need to ring a different number to get this sorted. Ring 0800 731 0469 to report a change. They should take your code then add your LPA to your partner's record. I believe that will then allow you to talk to the International Pensions Centre. If that doesn't work, I'm afraid you will have to get a certified copy from a solicitor or similar.

MenopauseSucks · 04/12/2021 09:48

The only way I could get my Mother to do LPAs for both financial & welfare was via a solicitor at great expensive but they will give me certified copies at £25 each.

They also do certified copies even if they weren't involved in the process of doing it/registering it.

Maybe you could ring round some local solicitors & ask?

BlueHotel · 04/12/2021 15:32

Thanks for everybody's helpful advice. I have sent an online message to a local solicitor - but I am definitely going to try ringing the DWP first to see if that works, thanks for the tip prh47bridge

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SylviaTrench · 04/12/2021 16:19

The post office charges £12.75 to certify documents

BlueHotel · 04/12/2021 17:23

SylviaTrench I didn't know that! Another possibility, thanks

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BlueHotel · 06/12/2021 11:46

prh47bridge I think I luff you!!! I did what you suggested and phoned the DWP who couldn't have been more helpul. They put the code on their system and told me to try again with the International section - and everything is sorted! Thank you so much. And once again, this is Mumsnet at its very very best, it's been my go-to resource for so many things over the years and there always seems to be someone who has the relevant information - googling doesn't always cut it.

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