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I am a registered attorney for my Father's LPA (Lasting Power of Attorney), which has been in place for a number of years. Sadly, he now has fairly advanced dementia, and I wish to obtain copies of the certificate so I can help Mum look after his rather complicated financial affairs.
I've approached the solicitor who holds the original certificates. He is asking for a letter from a consultant to verify my Dad is unable to manage his own affairs before he releases a certified copy of the LPA certificate to me.
Whilst this should be possible to obtain, it will take some time, and in my mind just puts another unnecessary burden on an overburdened NHS service!
My understanding of LPA was that is can be exercised at any time by any of the attorneys without needing explicit permission from the donor (my Dad) or a doctor to verify mental incapacity. Somehow it doesn't seem right to me that the solicitor is requiring me to jump through hoops before they issue me with a certified copy?
Can anyone with a better understanding of how this should work advise me - is there anything I can say to the solicitor to make them issue the certificate without having to get the letter from a consultant first?
My Mum (who is also an attorney) holds a certified copy. She wants to keep this copy (understandably), but would it be possible for us to get another solicitor to make a certified copy from this, or does a certified copy have to be made from an original?
(For reference the LPA is "joint & severally")
I've approached the solicitor who holds the original certificates. He is asking for a letter from a consultant to verify my Dad is unable to manage his own affairs before he releases a certified copy of the LPA certificate to me.
Whilst this should be possible to obtain, it will take some time, and in my mind just puts another unnecessary burden on an overburdened NHS service!
My understanding of LPA was that is can be exercised at any time by any of the attorneys without needing explicit permission from the donor (my Dad) or a doctor to verify mental incapacity. Somehow it doesn't seem right to me that the solicitor is requiring me to jump through hoops before they issue me with a certified copy?
Can anyone with a better understanding of how this should work advise me - is there anything I can say to the solicitor to make them issue the certificate without having to get the letter from a consultant first?
My Mum (who is also an attorney) holds a certified copy. She wants to keep this copy (understandably), but would it be possible for us to get another solicitor to make a certified copy from this, or does a certified copy have to be made from an original?
(For reference the LPA is "joint & severally")
