What should I consider when certifying an LPA for a conveyancing transaction?

I’m a solicitor at a high street firm. I’ve been asked to certify a copy of a property and financial affairs lasting power of attorney for use in a conveyancing transaction. Are there any special requirements that I should consider?

In order to comply with section 3 of the Powers of Attorney Act 1971, a certificate should appear at the end of each page of the copy stating that it’s a true and complete copy of the corresponding page of the original.

A certificate should also appear at the end of the lasting power of attorney (LPA) to the effect that the copy is a true and complete copy of the original.

The certificate must be signed by the donor of the power or by a solicitor, notary public or stockbroker.

In practice, HM Land Registry (HMLR) will usually accept a photocopy that’s certified by a conveyancer to be a true copy of the original power.

However, in any case of doubt, HMLR may ask the firm representing the applicant to produce either the original or the more formal certified copy mentioned above.

For more information, see our Conveyancing Handbook (27th edition).

Disclaimer

While every effort has been made to ensure the accuracy of the information in this article, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.


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