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.
