Guidance

Lasting power of attorney: avoid invalid provisions

Things to avoid when making a lasting power of attorney.

From:
Office of the Public Guardian
Published
1 February 2013

This publication was withdrawn on

This document is out of date. See the current guide to creating a lasting power of attorney.

Applies to England and Wales

Documents

Avoiding invalid provisions in a lasting power of attorney

PDF, 686 KB, 8 pages

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Details

If you write something (a ‘provision’) in your lasting power of attorney (LPA) form that does not work in law, your LPA may be invalid.

The Office of the Public Guardian (OPG) can apply to the Court of Protection to have the provision removed (this is called ‘severance’) so that the rest of the LPA is valid and can be registered.

This guidance explains some provisions you must not put in an LPA, as the court has already said that they’re invalid.

Published 1 February 2013

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