Guidance

Lasting power of attorney: avoid invalid provisions

Things to avoid when making a lasting power of attorney.

This publication was withdrawn on

This document is out of date.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

Document

Avoiding invalid provisions in a lasting power of attorney

This file may not be suitable for users of assistive technology. Request an accessible format.

If you use assistive technology (such as a screen reader) and need a version of this document in a more accessible format, please email customerservices@publicguardian.gsi.gov.uk. Please tell us what format you need. It will help us if you say what assistive technology you use.

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