Pensions  

Powers of attorney: watch out for the traps

  • Describe the pitfalls of setting up a lasting power of attorney
  • Explain mental capacity
  • Identify the role of a discretionary fund manager
CPD
Approx.30min

However, it is clear that the direction of travel with this type of document is online, and for the sake of 10 minutes spent setting it up it is worth clients looking into it.

Make sure copies are certified correctly

If a client is sending out a paper version of the POA, providers will always be comfortable seeing the original. Given how valuable a POA document is, however, I suspect that most clients will be cautious about sending it by post. Instead, they might look at sending a photocopy.

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This is a slightly nuanced area, and there is less consistency across providers than you would hope. But if the client does send a copy, it is more than likely that the provider will want it certified in a particular way and by a particular person.

The background to this is the Power of Attorney Act 1971, which says the contents of a POA can be "proved by means of a copy" provided the copy is certified as a true copy by the donor (that is, the person granting the POA), a solicitor or a notary public. Note the absence of ‘financial adviser’ from that list. 

In terms of how it must be certified, the guidance on the gov.uk website provides standard wording, and the person certifying it must sign and date every page. (Do not assume that all solicitors will know this.) Industry best practice suggests the certifier should also print their own name and their firm’s name (if a solicitor). 

Strictly speaking, providers are free to accept whatever third-party authorities they like and in whatever form they like, but it is probable that most providers will align themselves with the legislation. That said, it is always worth checking with the provider as some might be more relaxed than others on who can certify a copy.

Martin Jones is technical manager at AJ Bell

CPD
Approx.30min

Please answer the six multiple choice questions below in order to bank your CPD. Multiple attempts are available until all questions are correctly answered.

  1. An individual can set up a POA if they have lost mental capacity, true or false?

  2. Which of the following is NOT a definition of mental capacity according to Age UK??

  3. What should one consider if the client is looking for a temporary document?

  4. There is widespread adoption of an online submission for an LPA, true or false?

  5. Sending a photocopy of the POA is OK if:

  6. It is possible to transfer one's assets to a DFM if that is one's wishes, true or false?

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You have successfully answered all the questions correctly, well done!

You should now know…

  • Describe the pitfalls of setting up a lasting power of attorney
  • Explain mental capacity
  • Identify the role of a discretionary fund manager

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