Lasting power of attorney: avoid invalid provisions
Things to avoid when making a lasting power of attorney.
Applies to England and Wales
Documents
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.