Power of Attorney

Common Errors in the Signing of Lasting Powers of Attorney

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As an important legal document, a Lasting Power of Attorney needs to be legible and the Office of the Public Guardian will reject any documents that do not meet their standards. Some common errors are detailed below: Dates The dating of a Lasting Power of Attorney is extremely important and the Office of the Public Guardian require these documents to be signed and dated in a precise order (please see our Signing Guidance). Any ambiguity in the dates will cause the Lasting Power of Attorney to be rejected. Please take the time to slowly and carefully write the date in the appropriate boxes (with one digit per box). Common errors are 5s that look like 8s, 0s looking like 6s or 9s, and 7s that look like 9s. It is also important to note that you should not overwrite the date if a mistake is made. Additionally, a number of…

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Revocation a Lasting Power of Attorney or an Enduring Power of Attorney

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Occasionally, a donor may review their Lasting Power of Attorney or Enduring Power of Attorney and realise that their circumstances have changed since the documents were signed, and will therefore wish to change them. To achieve this, these documents would need formal revocation. With an Enduring Power of Attorney, the process is simple. As the document will not have been registered previously, the Office of the Public Guardian’s guidance states that a Deed of Revocation is required. This Deed will require the details of themselves and all the attorneys appointed. This includes full names and addresses. The Deed will also need to specify the date the donor granted Power of Attorney to the attorneys, i.e. the date signed. This will need to be signed and dated by the client and then witnessed by an individual independent from the Enduring Power of Attorney and kept with the Enduring Power of Attorney….

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