How to Get a Duplicate Copy of Power of Attorney in the UK

The sound of the pen scratching against paper was the last thing John expected to hear that morning. He had just stepped into his solicitor’s office, intending to pick up a duplicate copy of his father’s Power of Attorney (POA), which had gone missing amidst the chaos of moving houses. What seemed like a routine procedure was turning into a labyrinthine task, a challenge that would ultimately test his patience and determination. This, as he would soon discover, wasn’t as simple as calling up an office and getting a copy sent to him.

If you’ve ever been in a similar situation, you’ll understand the frustration. The process to get a duplicate copy of a Power of Attorney in the UK can be complex, especially if certain procedures aren’t followed from the start. But as complicated as it may seem, knowing the right steps and where to begin can save you time, energy, and a lot of stress.

Understanding the Basics of a Power of Attorney

Before diving into how to get a duplicate copy, it's essential to clarify what a Power of Attorney is. In simple terms, a POA is a legal document that allows someone (the "donor") to appoint another individual (the "attorney") to make decisions on their behalf. These decisions can cover financial matters, health, and welfare, or both, depending on the type of POA granted. In the UK, the two most common types are the Lasting Power of Attorney (LPA) and the General Power of Attorney (GPA).

Common Challenges People Face

One of the most frustrating scenarios when dealing with legal documents like a POA is misplacing the original document. While it might seem like a quick call to your solicitor will solve the problem, the reality is more nuanced. There are security measures in place to prevent the fraudulent misuse of POAs, which means not everyone can simply request a copy.

John's case was complicated by the fact that his father had passed away shortly after granting the POA, and the solicitor handling the original paperwork had retired, leaving John scrambling for a solution. It’s in these moments when understanding the process becomes crucial. So, where do you start?

The First Step: Contacting the Office of the Public Guardian (OPG)

The Office of the Public Guardian (OPG) in the UK holds records of all registered LPAs. This is your first stop if the original document has been lost or destroyed. However, there's a catch: only certain people are permitted to request a copy of the POA, primarily the donor, the appointed attorney, or their legal representative.

John wasn’t listed as the official attorney; he was the son of the donor. This initially caused some issues, but he eventually discovered a workaround. John contacted the OPG directly, providing them with all the necessary details to prove his eligibility to receive a duplicate copy. These details included:

• The donor’s full name and date of birth
• The attorney’s name
• The reference number of the POA (if known)

What if You Don’t Know the Reference Number?

In many cases, the reference number is lost along with the document itself. Thankfully, this isn’t the end of the road. The OPG can still process requests, but they will need additional information to verify your identity and authority to request the document. This step can involve supplying proof of relationship to the donor or additional personal details.

John, for example, had to provide copies of his father’s death certificate, along with correspondence from the attorney proving that his father had indeed authorized him to act on his behalf.

What Happens After You Submit a Request to the OPG?

Once the request has been submitted, the OPG typically processes it within 20 days. However, this timeline can vary depending on the complexity of the case. For those in urgent situations, it’s possible to expedite the process by providing evidence of the urgency—like in cases where urgent financial or healthcare decisions need to be made.

John was in a hurry to settle some of his father’s estate matters, which added an extra layer of stress. In situations like this, requesting a fast-tracked review can sometimes shave days off the process, though it’s not guaranteed.

What if Your POA is Not Registered with the OPG?

This is where things get trickier. Not all POAs, particularly GPAs, are registered with the OPG. If the original solicitor who drafted the POA is no longer practicing, as was the case for John, you’ll need to do some investigative work. Your best bet here is to:

1. Contact the solicitor’s firm to see if they still hold any records.
2. Check with other legal bodies or organizations that might have been involved in processing or holding the original document.

In John's situation, he reached out to the Law Society for guidance on how to track down the solicitor’s archives.

Legal Safeguards and Why They Exist

Many people, like John, are caught off guard by the rigorous checks involved in getting a duplicate POA. It’s easy to assume that such an important document can be easily replaced, but the reality is that strict legal safeguards exist to protect both the donor and the attorney. These safeguards are essential to prevent fraud, identity theft, or unauthorized individuals making decisions on someone else’s behalf.

For instance, if someone other than the donor or attorney requests a duplicate copy, they must provide strong evidence of their relationship and authority. In cases of disputes, the OPG may even refuse to release a copy altogether until a court determines the rightful access.

Costs and Timeframes Involved

Typically, there’s a small administrative fee involved in obtaining a duplicate POA from the OPG. As of the latest guidelines, the cost is £35 per copy, although fees may vary depending on your situation. If you’re requesting multiple copies, some discounts may apply.

John’s biggest frustration during this process wasn’t the fee, but the waiting period. While most requests are handled within a few weeks, unexpected delays can arise, especially if additional verification is required. This can be frustrating if you’re trying to handle time-sensitive matters, like the sale of a property or managing healthcare decisions.

Final Thoughts: What You Can Do to Avoid Problems

John eventually obtained the duplicate copy of his father’s POA after weeks of effort, but the experience taught him a valuable lesson. Prevention is always better than cure. To avoid facing a similar situation, it’s essential to:

• Keep multiple copies of the POA in different secure locations.
• Ensure all relevant parties have a copy—this includes the donor, the attorney, and any involved legal representatives.
• Consider registering the POA with the OPG even if it’s not legally required for your specific type of POA.

By following these steps, you can save yourself the headache that John experienced, ensuring that if the original POA ever goes missing, you’ll be able to get a duplicate copy quickly and with minimal hassle.