The following list of five typical mistakes prevents an LPA from becoming registered or functioning when it is required.
- Putting the wrong signatures on the document
It will be specified on the form who must sign it first, followed by who else. The LPAs must first be signed by the donor, followed by the certificate provider, the attorneys, and then the person registering the LPA (either the donor or the attorney).
- Lack of details
The date is among the details that must be included in your LPA in order for it to be accepted.
It won’t be registered if signatures or other information that renders it void legally is lacking.
You should double-check the numbering to make sure all the pages are present because there are a lot of them.
- False witnesses
The signature and witnessing of the document are required, however parties frequently utilise prohibited witnesses.
For instance, there would be a conflict of interest if an attorney witnessed a donor’s signature.
- Not supplying names in full
Your whole name, including any middle names, must be given, not simply your first name and last name.
Additionally, you must provide complete addresses and birthdates.
- Making contradictory demands
The donor may designate solicitors to act in a certain manner, but may also provide instructions that go against that direction.
For instance, if your LPA appoints three solicitors, and it specifies that they should act “jointly and severally,” you cannot then add a clause specifying that decisions must be made by a majority vote because, by acting jointly and severally, all of the solicitors have equal authority to act and make decisions.
What to instruct me?
My name is Atty Lindoven Magsino, BSc, MBA, GDL, LLM, Solicitor at MBM Solicitors, 83A First Floor, South Road, Southall, UB1 1SQ, England, United Kingdom. Telephone: 02035002141. Fax 02085710811. Mobile: 07446 888 377. Email: don@mbmsolicitors.com or attydonmagsino@gmail.com
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