How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Joshua Your Own Question
Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
35043042
Type Your Law Question Here...
Joshua is online now

On 20 September 2007, my sister-in-law signed an Enduring Power

Resolved Question:

On 20 September 2007, my sister-in-law signed an Enduring Power of Attorney, in which she appointed two Attorneys to act "jointly and severally". Firstly, there is a mistake with the address of one of the Attorneys, in that it is stated to be the same as my sister-in-law, when in fact the Attorney's home address is next door. Is this error sufficient to invalidate the EPA? Secondly, having become concerned that the appointed Attorneys are not the best persons to best represent her interests, she now wishes to revoke the EPA and replace it with a new LPA. At this time, the EPA does not appear to have been registered: a search of the Registers was requested and returned a negative result. Can she simply sign, and have witnessed, a self-made form of Deed of Revocation, or is there a legally required form for such a document? Also, should this be done in the presence of a Solicitor, or is that not really necessary?
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

would I be correct to conclude from what you say, that your sister-in-law has full mental capacity at this time please?

Customer:

Yes.

Joshua :

Many thanks.

Joshua :

apart from the error in the attorneys address, are the remainder of the attorneys details correct please?

Customer:

Yes, that is so.

Joshua :

thank you. An error in the attorneys address will not invalidate be injuring power of attorney providing the attorneys other details are correct so as to enable the identification of that attorney. An enduring power of attorney, contrary to the requirement of lasting powers of attorney does not need to be registered until the donor loses capacity. Accordingly, if your sister-in-law still has full mental capacity, the EPA does not need to be registered in order to be used. lasting powers of attorney at different in that they must be registered before they can be used irrespective of whether the donor has capacity or not

Joshua :

if your sister-in-law wishes to revoke the enduring power of attorney, she will need to consider a deed of revocation in respect of the existing enduring power of attorney which will need to be served upon the attorneys appointed.

Joshua :

from there, she will be free to make a new lasting power of attorney; as you will be aware, enduring powers of attorney can no longer be made. the lasting power of attorney will need to be registered before it can be used by the attorneys appointed

Joshua :

it is not necessary in order to make a valid lasting power of attorney to use a solicitor however many people find it is helpful to do so. there is a requirement that a certificate provider who has either knowing your sister-in-law from more than two years or alternatively has appropriate professional experience such as a solicitor or Dr attends your sister-in-law when she signs the lasting power of attorney in order to attest to her mental capacity

Joshua :

would you like an example of a deed of revocation your sister-in-law can use?

Customer:

Thank you. Yes please, that would be helpful.

Joshua :

Certainly...

Joshua :

This deed of revocation is made by [donor’s name] of [donor’s address].


1: I granted a lasting power of attorney for Property and Financial Affairs/Health and Welfare [delete as appropriate] on [date donor signed the lasting power of attorney] appointing [name of first attorney] of [address of first attorney] and [name of second attorney] of [address of second attorney] to act as my attorney(s).


2: I revoke the lasting power of attorney and the authority granted by it.


Signed and delivered as a deed [donor’s signature]
Date signed [date]
Witnessed by [signature of witness]
Full name of witness [name of witness]
Address of witness [address of witness]

Joshua :

The deed should be witnessed by an adult independent witness, ideally not a relative, and a copy served upon all of the attorneys appointed under the enduring power of attorney

Joshua :

is there anything else I can help you with on the above?

Customer:

That is all, thank you

Joshua :

A pleasure. If I can assist any further as the situation develops please do not hesitate to revert to me

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

Joshua and other Law Specialists are ready to help you