Q&As

If the attorney’s date of birth is incorrect, but all other information is correct, is a registered lasting power of attorney still valid? If not valid, can it be amended?

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Produced in partnership with Ward Hadaway
Published on LexisPSL on 14/07/2016

The following Private Client Q&A produced in partnership with Ward Hadaway provides comprehensive and up to date legal information covering:

  • If the attorney’s date of birth is incorrect, but all other information is correct, is a registered lasting power of attorney still valid? If not valid, can it be amended?

If the attorney’s date of birth is incorrect, but all other information is correct, is a registered lasting power of attorney still valid? If not valid, can it be amended?

Section 9(2) of the Mental Capacity Act 2005 (MCA 2005) specifies that a lasting power of attorney (LPA) is not created unless it complies with MCA 2005, s 10 (which sets out who may or may not be an attorney), is made and registered in accordance with MCA 2005, Sch 1 and the donor is aged 18 or more and has the requisite capacity.

MCA 2005, s 9(3) specifies that unless the instrument purporting to create an LPA complies with Sections 9 and 10 in addition to Schedule 1 of the act is not valid.

MCA 2005, Sch 1, para 1 states that:

'(1) An instrument is not made in accordance with this Schedule unless

(a) it is in the prescribed form,

(b) it complies with paragraph 2,

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