Can I certify a copy of a Power of Attorney, Enduring Power of
Attorney (EPA) or Lasting Power of Attorney (LPA)?
Fellows and other members are not currently able to certify a
copy of a power of attorney, EPA or LPA.
Section 3 of the Power of Attorney Act 1971 requires that such
copy documents may only be proved if they are signed by
the donor, a solicitor, notary public or a stockbroker.
We have met on a number of occasions with
the Ministry of Justice (MoJ) to discuss this issue.
Unfortunately there is currently no suitable Bill in the
current Parliamentary session for us to be able to amend this. We
had looked into the option of changing this by secondary
legislation, which would have been slightly easier, but the MoJ has
confirmed that it needs to be changed via primary legislation.
The best prospect now for us to include it
within a Bill is any bill which arises as a result of changes to
the Legal Services Act 2007.
The MoJ will try to include it at that time,
but at present, there is no current Bill.
**Important – July 2020 update**
The Land Registry has made a decision to accept copies of Lasting Powers of Attorneys certified by CILEx Lawyers during the COVID-19 crisis. You can read more about CILEx’s view of this here and can read the full HM Land Registry guidance here.
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