Q&As

Is it possible to correct a typographical error in an enduring power of attorney where an attorney's name has been misspelt? If so, how is this done and who is responsible for the change, eg the attorney or the donor? If it is the donor and they have begun to lose capacity what are the options?

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Published on LexisPSL on 30/06/2016

The following Private Client Q&A provides comprehensive and up to date legal information covering:

  • Is it possible to correct a typographical error in an enduring power of attorney where an attorney's name has been misspelt? If so, how is this done and who is responsible for the change, eg the attorney or the donor? If it is the donor and they have begun to lose capacity what are the options?

Is it possible to correct a typographical error in an enduring power of attorney where an attorney's name has been misspelt? If so, how is this done and who is responsible for the change, eg the attorney or the donor? If it is the donor and they have begun to lose capacity what are the options?

The requirements for a valid enduring power of attorney (EPA) are set out in the LexisPSL Practice Note: Requirements for a valid EPA. Assuming that the EPA has otherwise been validly created, a small typographical error will not necessarily be fatal to the registration of the EPA.

If the donor has begun to lose capacity but still has

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