Lasting power of attorney: avoid invalid provisions

Things to avoid when making a lasting power of attorney.

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This document is out of date.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

Applies to England and Wales


Avoiding invalid provisions in a lasting power of attorney

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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.

Updates to this page

Published 1 February 2013

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