Wed, 24 Apr 2019
The case involved an elderly lady who had executed two Lasting Powers of Attorney instruments (LPAs) appointing her husband and two solicitors as her attorneys. The LPAs were registered by the Office of the Public Guardian and the donor subsequently lost capacity. Unfortunately, it was noticed sometime later that one of the attorneys had witnessed the donor’s signature on the LPA form. This was noted by the Court to be a contravention of Regulation 9 of the Lasting Power of Attorney, Enduring Power of Attorney and Public Guardian Regulations 2007.
The Court was asked to give guidance on the limits of its ability to forgive mistakes such as this in the drafting and execution of a Lasting Power of Attorney.
Alex, acting for the Public Guardian, argued that the LPAs were not executed properly and that such a mistake was not something that the Court could forgive.
The court held that the LPAs were invalid and the Public Guardian was directed to cancel their registration.
The full judgment can be found here: http://www.bailii.org/ew/cases/EWCOP/2019/13.html