Author Topic: Is this Power of Attorney Fatally Flawed?  (Read 287 times)

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Coachdriver

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Is this Power of Attorney Fatally Flawed?
« on: May 14, 2024, 04:06:50 pm »
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.


 

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mickR

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Re: Is this Power of Attorney Fatally Flawed?
« Reply #1 on: May 14, 2024, 04:50:38 pm »
can you not question the OotPG?

666

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Re: Is this Power of Attorney Fatally Flawed?
« Reply #2 on: May 14, 2024, 05:42:33 pm »
can you not question the OotPG?
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.


andy_foster

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Re: Is this Power of Attorney Fatally Flawed?
« Reply #3 on: May 14, 2024, 06:19:09 pm »
This query is one for a STEP solicitor or someone with direct experience using Powers of Attorney please.

Good luck with that.
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Coachdriver

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Re: Is this Power of Attorney Fatally Flawed?
« Reply #4 on: May 14, 2024, 06:59:56 pm »
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.

cp8759

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Re: Is this Power of Attorney Fatally Flawed?
« Reply #5 on: May 15, 2024, 10:24:10 pm »
@Coachdriver sorry to be pedantic but I hope it's a lasting power of attorney? An ordinary one would not work for your purposes.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor nor a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Coachdriver

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Re: Is this Power of Attorney Fatally Flawed?
« Reply #6 on: May 21, 2024, 12:32:33 pm »
@Coachdriver sorry to be pedantic but I hope it's a lasting power of attorney? An ordinary one would not work for your purposes.

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.

cp8759

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Re: Is this Power of Attorney Fatally Flawed?
« Reply #7 on: May 26, 2024, 06:17:39 pm »
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.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor nor a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Coachdriver

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Re: Is this Power of Attorney Fatally Flawed?
« Reply #8 on: May 28, 2024, 08:52:13 am »
Since the consenus of opinion is to start again, that is what I will do.

Thanks everyone for taking the time to respond.

Coachdriver.