Previous Notary Public London Guides to Powers of Attorney have covered the concept of Power of Attorney (part 1) and Lasting versus Enduring Power of Attorney (part 2).  This Notary Public London guide will tackle the role of the Office of the Public Guardian (OPG) and the Court of Protection (COP).

What is the OPG?

The Office of the Public Guardian is an agency of the Ministry of Justice.  It was established in 2007 to replace the Public Guardianship office, the former administrative arm of the Court of Protection.  It is based in North London and its remit is as follows:

• The regulation and supervision of Court appointed deputies.
• To work with other agencies should suspicions be aroused that a POA has been granted to a party who is subsequently abusing this privilege.
• To provide information on mental capacity to the public, health workers, and legal professionals such as a Notary Public in London.

What is the COP?

The Court of Protection makes decisions on the affairs, property, welfare and healthcare of people who lack the mental capacity to operate for themselves.  It is a superior Court of Record; therefore it has powers similar to the High Court and can set precedent for future cases.  Any Notary Public in London will be aware of the COP’s remit which is to:

• Decide if an EPA or LPA is valid.
• Remove appointed Attorney’s who neglect or abuse their positions.
• Hear cases relating to any objection to an LPA.
• Appoint deputies.
• Make decisions for people who lack capacity.
• Decide whether a person is capable of conducting their own affairs.

For a more in depth analysis of any of the points covered here, or for further information regarding the Notary Public London Guides, please contact MD Pryke Notary Public LLP.

Notary Public London guides to various aspects of the legal process, have received a great deal of positive feedback from clients and fellow Notaries Public alike, over the last few months.  Today we will address various aspects of the term ‘Power of Attorney’.  As ever, this series will apply primarily to the Law of England and Wales.  A Notary Public in London, for example, may offer different advice to a Notary Public in Scotland as the law varies across the UK.

What is a Power of Attorney?

There are several different types of Power of Attorney and your Notary Public will recommend which to pursue depending on the individual circumstances which we will address later in this series.  Broadly speaking, however, a Power of Attorney (also known as POA) is a procedure where you grant a third party the right to act on your behalf.

Who seeks a Power of Attorney?

Again, there are several different circumstances where a person might approach a Notary Public in London (or solicitor, barrister, etc) either to draft a POA or to get one notarised.  One of the main reasons is to ensure that, should you become too mentally infirm to conduct your own affairs, you would grant someone a POA to act in your best interests.  This is often in case of senile dementia, prior to a serious surgical procedure, or simply as a prudent step to protect against misfortune.

Alternatively, someone conducting a property deal in a foreign country may approach a Notary in London to draft a POA on their behalf, so they can authorise a third person, often a foreign qualified lawyer, to act for them, without having to be physically present at the property transaction.

For further information regarding how your Notary in London may assist with a Power of Attorney, please see further articles in this series, or contact MD Pryke Notary Public LLP on 0207 636 4422.

As a Notary Public in London I am often asked how someone may qualify as  a Notary.  I hope this brief article will shed some light on the process.

There are slightly in excess of 900 Notaries Public in England and Wales, and approximately 30 who are a Notary Public in London.

The overwhelming majority of Notaries Public are qualified solicitors or legal practitioners.  A Notary Public in London, or elsewhere in England and Wales for that matter, must first complete the Postgraduate Diploma in Notarial Practice.

To the best of our knowledge, the only place offering such a Notary diploma is Cambridge University.  The course is conducted as distance learning via the internet and with group teaching sessions at Madingley Hall in Cambridge.  It lasts for a two year period, and is open to solicitors and barristers in general private practice, and to those with a recent qualifying law degree and Legal Practice Certificate.  All Applicants should hold an up to date and complete Certificate of Exemption obtainable from the Faculty Office of the Archbishop of Canterbury.

There are three core subject areas to study.  The area is Roman law, which is covered in year one, along with Private International Law.

Notarial Practice forms the basis for the second year of study.

There are written assignments of 2,000 words for both Roman Law and Private International Law, followed by an examination, and three assignments for the Notarial practice course of 3,000 words each.

The final assessment stage to become a Notary Public is a two hour written exam held in Cambridge.

For further details on how to become a UK Notary Public in London or elsewhere, please contact Matthew Pryke through the usual channels.

As part of our Notary Public London campaign to explain all aspects of the Notary Public business in clear, jargon free terms, today we’re going to examine the historic roots of the ‘scrivener notary’.

The term scrivener originally referred to a writer or scribe.  Unlike a Notary Public in London today, their job was simply to transcribe the spoken word accurately, most often in the service of kings or noblemen.  Indeed, Notaries first appear as members of the Worshipful Company of Scriveners in 1382, to mark the appointment of the Archbishop of Canterbury to the appointment as a Legate of the Pope.

Notary Public London is a term with which many are familiar today, and in this medieval incarnation of a Notaries Public, London was indeed the only city in which they were licensed to practice, and their remit extended mainly to the overseeing of property transactions.

The word Notary was later introduced to the suffix of scrivener to underline the fact that the role of a Notary Public in London was no longer merely to record various transactions in an age of widespread illiteracy, but also to verify the authenticity of the transaction.  Even today, a Notary Public in London (or elsewhere for that matter) has a duty of care to the transaction itself, rather than to their client as is the case in other areas of the law.

For further information on either the historic role of a Notary Public in London, or for details of the services provided by MD Pryke Notary Public LLP, please contact us via the usual channels.

As a London Notary Public LLP we are often approached by residents of Scotland who are surprised that in England not all Solicitors are qualified notaries.  This is due to discrepancies between English and Scottish law.

A Notary Public in London, for example, must first sit an exam to qualify as a Notary, whereas in Scotland all Solicitors were automatically deemed to be a Notary Public, prior to 2007.  Since then, however, a Notary in Scotland must hold a current practising certificate issued by the Law Society of Scotland, and Notaries Public in Scotland are administered by the Council of the Law Society of Scotland.

As a result it can be easier to find a Notary Public in Edinburgh or Glasgow than it is to find a Notary Public London.  Despite such differences, a Notary in Glasgow, for example, will perform much the same role as a Notary Public London, although in Scotland Notaries can be required for certain declarations in matters of divorce.  This is a role which a Notary Public London would never be requested to perform.

Should you require any further information on the different roles performed by a Notary Public London as opposed to a Scottish Notary, please contact us on 0207 636 4422.  Alternatively, fill out a written request via our website contact form or email Matthew Pryke directly at Matthew@mdpryke-notary.com

Although best known to this readership as a Notary Public, London Notary Matthew Pryke is also Head of Commercial and Intellectual Property Law at Wallace LLP.  On Sunday 12^th September 2010 he was featured in the Sunday Times Small Business section giving Trademark advice for entrepreneurs.

The article recommended that small businesses and entrepreneurs protect their assets with a Trademark and urges readers to consider that any identifiable part of their business can be subject to a Trademark application, not only trading names and logos, but also product design and slogans.  Matthew believes that there is a natural synergy between advising clients of their Trademark rights and operating as a Notary Public.  ‘London is one of the Business capitals of the world,’ says Matthew.

‘As a Notary Public London offers a wide variety of business opportunities,’ he continues.  ‘Many firms that initially approach me requiring a Notary Public in London, later request my services regarding Trademark advice and both aspects require a forensic attention to detail, coupled with an eye for giving a client practical advice to ensure their investment is protected.

‘As a business focused Notary Public London is a prime place to operate but the core ethos of a Notary service is exactly the same as that of a Trademark lawyer.  Clients require swift, practical advice that is applicable to a business situation and will protect their assets while maximising their profit potential.’

If you require further advice on Notary public London procedures or any aspect of Trademark Law, call Matthew on 0207 636 4422 or contact him via the website.

London is one of the key trade centres of Europe.  As you might expect in such a business focused city, there are plenty of options available when choosing a Notary Public.  Which Notary Public in London, however, will best suit your requirements?

This is a brief guide to selecting a Notary Public in London.

Client Base

A Notary Public should be able to provide a brief list of clients for whom they undertake matters on a regular basis.  Notary Public services vary widely and as with any business relationship, it is important to find a Notary Public who understands your needs and can demonstrate a client base that operates in a similar field to your own.

Location

A Central London location is essential for any London Notary Public.   They don’t have to be on your doorstep, however, as a good Notary Public will have an extensive courier network.  Therefore a Notary in W1 will have broadly the same catchment area as a Notary in Mayfair, or a Notary in Westminster.

Out of hours service

Many businesses in London will hold interests on several continents, and a London Notary Public in tune with the pace and requirements of corporations will provide an out of hours service.

Same day service

Always ask your prospective Notary Public whether they can provide a same day service.  A Notary Public in London should be able to provide a same day service on the overwhelming majority matters they undertake.

For further details on any aspect of our Notary Public in London service, please contact us via email or call on 0207 636 4422.  Alternatively, view our YouTube channel.

Changing a name by Deed Poll hit the public consciousness once more on Saturday night, when viewers of the X Factor saw a performance by a contestant called ‘Storm’. Simon Cowell said, ‘I’m not going to call you Storm any more…. What’s your real name, the name you were born with?’

The contestant revealed that he had changed his name by Deed Poll from ‘Lee Gardner’ to ‘Storm Lee Gardner’.

Changing a name by Deed Poll is legally binding and the contestant had every legal right to insist on being called by his new name.  The name change by Deed Poll took place when Storm was 16 years old and so he wouldn’t have needed parental permission to change name.

If a minor wished to change a name by Deed Poll the situation becomes more complicated with permission for the name change required from every party deemed to have parental responsibility.  The contestant has claimed that he changed his name by Deed Poll name because he was being bullied at school, but there are many different reasons for people changing name by Deed Poll.  Some people change name by Deed Poll after marriage or divorce, others change name to signal a break from their family and many more change name to signify a new start.

For the vast majority of Deed Poll name changes where the person wishing to change name is over 16 years of age the process is straightforward.

Simply visit our completely free Deed Poll name change download and follow the three easy steps to make your Deed Poll name change legal and officially recognised.

Ever since we launched our free Deed Poll download, MD Pryke Notary Public LLP has received a substantial number of enquiries regarding how to use a Deed Poll document to obtain further documentation.  We have used these Deed Poll queries as the basis for these Frequently Asked Questions:

How do I use my Free Deed Poll download to apply for a new Passport?

Simply enclose your Deed Poll certificate with the Passport application.  If you feel that the authorities may mislay your Deed Poll, you may wish to visit a Notary Public or a solicitor to obtain some official certified copies.

Is my free name change legally binding?

The free Deed Poll document is legally binding and will be accepted as proof of your name change by all government agencies.  It will also be accepted by Banks and Building societies, the DVLA and medical agencies.

Can I avoid creditors by changing my name by Deed Poll?

No.  It is illegal to change your name for the purpose of trying to avoid debts or to misrepresent yourself in any way.  Once you change your name by Deed Poll you are obliged to inform all official agencies of the name change.

Can I use my Deed Poll to change my Birth Certificate?

It is highly unusual to change the name on a Birth Certificate.  The Birth Certificate is an official record that declares a person’s name in their infancy, rather than the name they wish to assume.  There are certain circumstances where Birth Certificates can be altered but a Deed Poll is not used to make these changes.

For further information on any aspect of changing a name by Deed Poll, please contact MD Pryke Notary Public LLP via any of the usual channels.

A Deed Poll is a document used for legally changing name.  Whatever the reason for a name change (changing a surname after divorce for example, or changing a first name) it can be completed free of charge by using an MD Pryke Notary Public LLP Deed Poll form as laid out below.

A Deed Poll is a term with which most people are familiar.  If they are intent on a new name people believe they must visit a Solicitor or a Notary Public to change name legally by Deed Poll.  A legal name change, however, is a simple process and can be completed free of charge in three easy steps.

Free name change step 1.

Download a free Deed Poll here

Free name change step 2.

Simply open the Deed Poll thumbnail and follow the instructions written in red.  You must delete the red writing and replace it as per the Deed Poll instructions.

Free name change step 3.

Once you have filled in the Deed poll, you must sign it and get it witnessed by an independent third party as per the instructions on the Deed Poll.

Once your Deed Poll is filled out correctly, you have now changed your name by Deed Poll.

Your name change is now 100% legal – KEEP THE DOCUMENT IN A SAFE PLACE!

Should anyone question your new name, this completed Deed Poll certificate will verify your change of identity.  To change your name on a Passport, government document, etc, you will need to present either your original Deed Poll or an official certified copy.

For further information on our free legal name change Deed Poll, or on any of our Notary Public Services please contact Matthew on 0207 6364422.