H&W LPA - Life Sustaining Treatment

Clients have just approached me regarding their LPA - H&W that they prepared and registered themselves. However, on the LST page, the OPG has declared the page invalid as the witness, whilst he had signed it, didn’t enter his full name and address. The signature is clearly the same as all the other “witness” signatures - as well as the certificate provider!!, where full names and addresses have been entered correctly. The upshot is that Option B is the default. They have asked me to prepare a fresh set as they wanted (and still want) Option A. Capacity is not an issue.

My question - The wording to Option B states that the doctors will take into account “…including any written statement you may have made, where it is practical and appropriate”. Would the effect of Option A be reinstated if the Donor simply signed a statement to that effect (even referring to the ‘admin’ error) and keeping it with the LPA? Would it help if it was witnessed by his GP? Or is it better to do a new one. Clients are too nervous to have a crack themselves again and it will be a full OPG fee again too.


Kamlesh Samji
KRS Estate Planning

The effect of Option A would not be reinstated by means of a note / statement written by the donor. The power afforded to attorneys to give or refuse consent to life-sustaining treatment will only take effect if Option A has been selected and executed correctly. Instead, as Option B confirms, the doctors will consult the attorneys and the family and friends of the Patient about the treatment (to include withdrawing or withholding treatment), but the attorney will not be able to give or refuse consent on behalf of P.

With that in mind new powers must be effected. Less satisfactory in my opinion would be to effect an Advance Decision / Living Will which can override the LPA.

Stuart Adams
Mishcon de Reya LLP