I would be grateful for some guidance in relation to an LPA containing an error.
The LPA was registered a number of years ago, however client has only recently lost capacity. Client’s wife and son are attorneys. The wife is elderly and not computer-savy, she wants the son to deal with day-to-day matters.
Whilst undertaking AML checks on the son, we realised that the LPA lists an incorrect year of birth for the son. This was not noted by the family when the LPA was signed.
Does this error invalidate the son’s appointment as attorney?
The son has contacted the OPG who advise that had the LPA been digital (which it is not), they could have put a note on the file recording the error. Their response suggests that the error might not invalidate his appointment.
The law firm who prepared the LPA have offered a Statutory Declaration to clarify the error and confirm the intention for the son to be an attorney.
Would a Stat Dec be sufficient for us to accept the son as attorney?
Our other concern would be whether the son’s position as attorney would be considered valid if the second attorney (the wife) were also to lose capacity in the near future.
Many thanks in advance.