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#Post#: 22423--------------------------------------------------
Is this Power of Attorney Fatally Flawed?
By: Coachdriver Date: May 14, 2024, 10:06 am
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This query is one for a STEP solicitor or someone with direct
experience using Powers of Attorney please.
A couple of years ago I set up Powers of Attorney for the wife
and myself. Nothing complicated, when we don't have the mental
capacity it's over to the 2 children to manage what's left of
our health and finance.
I did it myself everything signed and witnessed correctly. After
a long wait all 4 came back fully registered and looking fine.
There is a slight wrinkle in one of them however which may or
may not be significant.
Each Power of Attorney details 3 attorneys to be appointed. They
are listed in Section 2, a sort of introduction/summary of
what's to come later in the document. Then in Section 11 each
attorney has signed and been witnessed doing so as required.
Now here's a thing. In one of the Powers of Attorney in Section
2 there are only 2 attorneys shown. In Section 11 however all 3
are correctly included, signed and witnessed as required.
Does this omission in Section 2 invalidate the Power of Attorney
or is it to be treated as a clerical error?
I assumed that since all has been checked, approved and
registered by the Office of the Public Guardian then the it is
valid.
Having read of the difficulties experienced by others in the
position of being an Attorney and having their Power of Attorney
questioned, I have become concerned about the same thing
happening here.
A second opinion would be appreciated.
Coachdriver.
#Post#: 22426--------------------------------------------------
Re: Is this Power of Attorney Fatally Flawed?
By: mickR Date: May 14, 2024, 10:50 am
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can you not question the OotPG?
#Post#: 22436--------------------------------------------------
Re: Is this Power of Attorney Fatally Flawed?
By: 666 Date: May 14, 2024, 11:42 am
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[quote author=mickR link=topic=1892.msg22426#msg22426
date=1715701838]
can you not question the OotPG?
[/quote]
Yes, much better to sort it out now than to run into problems
later.
FWIW, I suspect the answer will be that the POA is valid, but
only with the two attorneys named in part 2. Adding the third
would probably mean starting the whole process again.
#Post#: 22445--------------------------------------------------
Re: Is this Power of Attorney Fatally Flawed?
By: andy_foster Date: May 14, 2024, 12:19 pm
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[quote author=Coachdriver link=topic=1892.msg22423#msg22423
date=1715699210]
This query is one for a STEP solicitor or someone with direct
experience using Powers of Attorney please.
[/quote]
Good luck with that.
#Post#: 22449--------------------------------------------------
Re: Is this Power of Attorney Fatally Flawed?
By: Coachdriver Date: May 14, 2024, 12:59 pm
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Contacting the Office of the Public Guardian is a good idea if
they had a good customer response reputation.
Judging by the time it took to sort out the original Powers of
Attorney, getting NHS treatment is speedy.
Thanks for your reply 666, I might just do that. From my very
limited experience in this area it looks the best option.
Coachdriver.
#Post#: 22636--------------------------------------------------
Re: Is this Power of Attorney Fatally Flawed?
By: ivanleo Date: May 15, 2024, 4:24 pm
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[member=435]Coachdriver[/member] sorry to be pedantic but I hope
it's a lasting power of attorney? An ordinary one would not work
for your purposes.
#Post#: 23373--------------------------------------------------
Re: Is this Power of Attorney Fatally Flawed?
By: Coachdriver Date: May 21, 2024, 6:32 am
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[quote author=cp8759 link=topic=1892.msg22636#msg22636
date=1715808250]
[member=435]Coachdriver[/member] sorry to be pedantic but I hope
it's a lasting power of attorney? An ordinary one would not work
for your purposes.
[/quote]
Sorry about the late reply, I have been doing a coach tour round
the London area.
Yes it is a Lasting Power of Attorney, it was completed in 2022
and says Lasting on the documentation.
It's always worth checking on me!
Coachdriver.
#Post#: 23923--------------------------------------------------
Re: Is this Power of Attorney Fatally Flawed?
By: ivanleo Date: May 26, 2024, 12:17 pm
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Why don't you ask the Office of the Public Guardian? Of course
they can only give you a view, it would ultimately be for a
court to determine if the PoA is valid or not, but if the OPG
think it's valid then it seems exceptionally unlikely anyone
would question it.
However the only way to put matters beyond the shadow of a doubt
would be to complete the process again.
#Post#: 24197--------------------------------------------------
Re: Is this Power of Attorney Fatally Flawed?
By: Coachdriver Date: May 28, 2024, 2:52 am
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Since the consenus of opinion is to start again, that is what I
will do.
Thanks everyone for taking the time to respond.
Coachdriver.
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