Case study: LPAs voided due to incorrect signature

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The Court of Protection recently ruled that two Lasting Powers of Attorney (LPAs) made by an elderly lady had to be cancelled because an attorney had witnessed the donor’s signature.

The lady who made the LPAs had appointed her husband and two solicitors as attorneys in 2016.  The LPAs were incorrectly registered by the Office of the Public Guardian. It was then noticed that one of the attorneys had witnessed the donor’s signature and, as such, the LPAs had to be cancelled.

To make matters worse, the donor had, between the mistake being made and being noticed, lost capacity to make new LPAs and to make decisions about her property, finances, health and welfare.  As a result, a deputyship order was required in order for someone to be appointed to manage her property and financial affairs. You can find out more about the difference between a deputyship order and an LPA in our recent blog.

How we can help

It’s essential that LPAs are made and executed correctly so that your intentions can be carried out should you lose capacity. Our expert Court of Protection solicitors can ensure that your wishes are properly recorded and executed to safeguard them for the future. We can also assist in repairing discrepancies in previously prepared LPAs, ensuring that the donor’s wishes are carried out.

To speak to one of our solicitors in Bristol and South Gloucestershire, call us on 0117 905 9763 or complete our online enquiry form.




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