Lasting Power of Attorney – Completion Errors

While there is a great amount of guidance on how to complete your Lasting Power of Attorney there are many ways to get it wrong and even the smallest mistake can result in the Lasting Power of Attorney to be rejected at registration and having to pay an additional fee to fix the error and attempt to register it again.

To avoid having small errors which could result in the Lasting Power of Attorney being rejected and having a costly time either remaking a Lasting Power of Attorney if the donor still has capacity or going through a lengthy Court of Protection proceeding I would recommend getting your Lasting Power of Attorney checked or drafted by an individual who works in the sector. (whom you can contact by filling in the form below).

Below are completion errors I have encountered and the OPG replies. Though do remember that the advisor’s cannot bind the OPG so if in doubt make a new one! Also check out Lasting Power of Attorney Information Sheet. for some of the most Frequently Asked Questions.

 

Both certificate providers did not sign at the same time

“There is a strict order of signing which must be maintained, first must be Part A the Donor’s declaration, then Part B the Certificate Providers statement, and finally Part C the Attorney’s statement.

We are unable to register documents which are signed out of this order.

Once a Lasting Power of Attorney has been signed it cannot later be amended and countersigned or backdated.

In certain circumstances where the application has been signed out of the strict date order, the Office of the Public Guardian may request the Part C to be recompleted by the Attorneys.

However, our regulations do not allow the parts to be signed more than a year apart.

If the Donor and Certificate Providers signed the LPA more than a year ago, we would not now accept newly executed parts C. In this situation, the only way to proceed would be with a new application.”

Middle name not provided

“….as long as we have his first and surname this is sufficient.”

Rejected Exemption Form

“if the exemption is rejected the form will be held and client informed and registration payment requested”

Signature date has been altered

“There cannot be manuscript changes to the LPA instrument; if it were accepted it would leave a window of opportunity to be questioned by a third party”

However the OPG may call the practioner to confirm any changes or ask for written proof (or affidavit) from the donor confirming the change.

Lasting Power of Attorney name or email struck out and correction intialled

“With an unregistered LPA any mistakes must be crossed through and written again nearby. The corrections must be initialled by the person completing that particular section of the form and their witness if appropriate.

With unregistered EPA’s any corrections will have had to be made before 1 October 2007.”

Donors do not speak English

“As long the clients understand what a Lasting Power of Attorney is and it’s implications and the Certificate Provider signs to confirm this, we would not have a need to query this.”

Donor has early signs of losing capacity

“Provided that a Certificate Provider’s statement is given, the Office of the Public Guardian would not query the donor’s capacity.” -(note Certificate Provider has to be in a position to comment so a doctor or practitioner)

Continuation sheets were signed after Part A

“Any part A1 A2 A3 continuation sheets would need to be signed and dated at the same time or before the donor signs and dates part A.
If the donor wishes for the information contained on the continuation sheet to be included in the Lasting Power Of Attorney they will need to execute a new Lasting Power Of Attorney.”

Change of Address before or during registration

“I am afraid that no alterations to part A of the Lasting Power of Attorney (LPA) document or additional sheets can be added once we have received it into our office. If you want to carry on with the registration of the LPA you can write into us with the change of address and we will update our computer system (this will not change the LPA instrument). Once our system has been updated any correspondence sent out from Office of the Public Guardian will be able to reach the appropriate persons. Once the document has been register you might be required to give proof of change of address to third parties.

If you are yet to register/apply to register the LPA but have completed the instrument then the change of address can be listed on the LPA002 Application to register form.

If you want to have the correct address of the person involved on the LPA then you would need to make a new application and fill out another set of LPA forms. ”

Certificate Provider’s name spelt incorrectly

The error with the Certificate Providers name can be amended either by the certificate provider themselves initialling the change, or by a new part B form being completed by the certificate provider. If a new part B is completed then all part Cs must also be completed to ensure the requirement that the parts be signed in chronological order is adhered to.

“Person to be told’s” Name is in the incorrect order (middle name mixed up with last name etc.)

If the person to be told’s name is in the incorrect order you will be able to amend the form but this will need to be initialled by the donor and the donor’s original witness. The Lasting power of attorney will not be rejected if the person to be told’s name is in the incorrect order but you may have problems with third parties.

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