Power Of Attorney

[Queens_king]

Moved to correct place I hope

Edited August 3, 2013 by Queens_king

[Queens_king]

Hi

 

First I must appologise as this has been posted earlier today in the Santander Bank Forum.

 

Hope someone may be able to help here.

 

I have emigrated outside of the EU and have a house that needs to be sold. I have drafted in the country I emigrated to a legalisd a power of attorney (signed by a Notary Public - Lawyer) for my brother to sell for me.

 

I have today been informed that Santander do not accept the Power Of Attorney as it has not been drafted under UK law.

 

Surely that if this has been signed by a Notary Public this has to be acceptable

 

Many thanks in advance for any assistance provided

[steampowered]

Informed by who?

 

Perhaps try and escalate this. There are several inaccuracies in your post which suggest that the person you spoke to does not know what they are talking about. There is no such thing as "UK law". The fact that a POA was executed outside the country does not mean it was not executed under English law; English law documents are executed outside the country all the time.

 

You need to try and establish exactly what it is they want.

[Queens_king]

Hi Steampowered

 

Received from Santander the following ... word for word (sorry, no scanner yet)

 

With reference to the above mortgage account.

 

We have received a Power Of Attorney from Mr x xxxxxxxxx appointing you as his POA

 

Unfortunately we cannot accept the power as it has not been drafted under UK Law

 

I Have written to Mr x xxxxxxx advising him of this letter to you

 

If new power is drawn up under UK Law then we need sight of the new/original document together with your identificationand the enclosed power of attorney form completing. These documents must be taken to your local Santander branchfor copies to be taken and certified.

 

YOUR LOCAL BRANCH WI COMPLETE A CUSTOMER IDENTIFICATION RECORD FORM, PHOTCOPY ALL OF YOUR DOCUMENTS AND CERTIFY EVERY PAGE TO SAY THAT THEY HAVE SEEN THE ORIGINALS.

 

You can choose one form of identification from the identification list and one from the address identification list.

 

IDENTIFICATION LIST

 

EEA Passport

EEA ID Card with photo

EEA Residence permit issued by the Home Office

Northern Ireland voters card with photo

Full UK driving license (old style)

 

 

This is how SANTANDER are requesting that the POA is not legal.

 

Obviously the letter is not signed just a squiggle.

 

Also require an email address for the address of the Stockton on Tees Office

 

Thank again for any help

Edited August 3, 2013 by Queens_king
additional information

[steampowered]

There is some information here: http://www.santander.co.uk/csgs/Satellite?appID=abbey.internet.Abbeycom&cid=1237891002092&leng=en_GB&pag. Perhaps try contacting their POA registration line.

 

There is nothing on the form that suggests the POA must be drawn up under "UK law". This is a fairly meaningless description, and there is no such thing as UK law ... it seems the person that wrote the letter does not know what they are talking about. However I guess you will have to fill in the POA form and comply with their procedures.

 

When dealing with foreign POAs in the past, I have sometimes found it is a requirement to get the notarised POA consularised by the relevant UK embassy.

[Queens_king]

Thanks for the infoo Steampowered

 

I have found this on the adviceguide website and my POA complies with the requirements.

 

Ordinary power of attorney

 

If you want someone to look after your financial affairs for a long period of time, you can give them an ordinary power of attorney. You might want to give someone an ordinary power of attorney if:

• you have a physical illness
  
• you have an accident which leads to physical injury
  
• you are abroad for a long period of time.
  

You should not use an ordinary power of attorney if:

• you have been diagnosed with a mental health problem or other disease which can lead to mental incapacity
  
• you think you may develop a mental health problem or other disease which can lead to mental incapacity.
  

This is because you won't be able to continue using an ordinary power of attorney if you lose your mental capacity. Under these circumstances, it may be more appropriate to use a lasting power of attorney. For more information about a lasting power of attorney, see under heading Lasting power of attorney. For more information about mental capacity, see under heading When does someone lack mental capacity?

[citizenB]

This thread is now in "General Legal Issues"

 

It is purely an administrative move.