LPA self-inking stamp and self-certify

[MikeyWorld]

This is more of an Ask A Lemony Question.

The self-inking stamps that you can buy online:

"I certify this is a true and complete copy of the corresponding page" etc

always mention that they are for lawyers / solicitors.

1) Can you use them to self-certify, or do you need to write it out by hand to prove you're not too doddery?

2) If someone is a bit iffy on the writing, can someone else write out the blurb, and the donor just sign and date?

3) If you accidentally miss a word on one of the pages ie "I certify this a true", will that invalidate the whole copy?

[dionaeamuscipula]

This is more of an Ask A Lemony Question.

The self-inking stamps that you can buy online:

"I certify this is a true and complete copy of the corresponding page" etc

always mention that they are for lawyers / solicitors.

1) Can you use them to self-certify, or do you need to write it out by hand to prove you're not too doddery?

2) If someone is a bit iffy on the writing, can someone else write out the blurb, and the donor just sign and date?

3) If you accidentally miss a word on one of the pages ie "I certify this a true", will that invalidate the whole copy?

I would imagine that they are advertised as being for lawyers because it is rare for others to need them. I am not a lawyer but certify things probably once a month and do them all by hand. Handwriting is fine and the notary I use hand writes his wording. It is the signature which is important so I can see no reason why someone else should not write the words. If you muck up the writing I would either reprint the page, or if that is not possible, correct and initial, and if that is too messy, use correcting fluid.

If there is any doubt as to mental capacity, likelihood of litigation etc, consider getting the certification done by a notary.

Now Clitheroekid will come along and say this is all rubbish and the 1878 Notarisation and Certification Act requires green ink and a wax seal!

DM

[wilbobob]

I'm watching this thread with interest. We've recently been reminded of the need to have LPA's in place, and more importantly have those LPA's registered with banks and financial houses. In a recent posting, which I can't find to reference, someone said that the donor can themselves certify copies provided they have the mental faculty to do so. A rubber stamp would seem to be the best way to do this, and the offerings on Ebay would suit the bill perfectly. I don't see why the whole of the message would need to be written, a solicitor wouldn't, they have a stamp.

[Clitheroekid]

This is more of an Ask A Lemony Question.

The self-inking stamps that you can buy online:

"I certify this is a true and complete copy of the corresponding page" etc

always mention that they are for lawyers / solicitors.

1) Can you use them to self-certify, or do you need to write it out by hand to prove you're not too doddery?

According to this (https://groups.google.com/forum/#!topic ... 48ab15SyKI) it's fine to use a stamp. As the page didn't open properly for me the message reads:

Following the thread in May I asked the OPG if they held that lay people had to certify copies in manuscript. After a reminder I had yesterday a reply from their "content team" (to whom my question was passed as I referred to the gov.uk guidance):

"We have spoken to our legal team and, as you have rightly suggested, both solicitors and laypeople can certify copies of a lasting power of attorney (LPA) by either:

• handwriting the words "I certify... "
• using a stamp for "I certify... "

Either option will need to be signed and dated in manuscript. A solicitor must be holding the original LPA at the time of certifying the copy.

The online guidance uses the word "write" partly for reasons of brevity and partly because laypeople are unlikely to have the relevant stamp. We will take a look at the guidance to see how we can make this point clearer."

2) If someone is a bit iffy on the writing, can someone else write out the blurb, and the donor just sign and date?

It would follow from the last question that the answer must be yes.

3) If you accidentally miss a word on one of the pages ie "I certify this a true", will that invalidate the whole copy?

Logically, it would only invalidate that page, and that assumes that anyone even notices it, which is unlikely. So unless that page was a key page - e.g. the page where the donor signed - it's unlikely to matter.

[MikeyWorld]

Be gentle, I'm a bit simple.

A solicitor must be holding the original LPA at the time of certifying the copy.

A solicitor must be physically holding the original if that solicitor certifies the copy.

or

The original LPA must be held by solicitors if one self-certifies.

[Clitheroekid]

A solicitor must be physically holding the original if that solicitor certifies the copy.

Correct.

The original LPA must be held by solicitors if one self-certifies.

Incorrect. It doesn't matter whether you or the solicitor is holding it.