I have received back an LPA form, with the last attorney having signed and witnessed correctly but placing their date of birth as date of signature. Given the current restrictions, has anyone had any experience of manually amending the date and being successful at registration or is it a case of starting the whole signing process again?
Graham & Rosen
Surely if you amend the date and have it initialled by the attorney, that should suffice. I’m sure that has worked for me in the past.
I think you will have to resend them their page to sign and date again.
Beviss & Beckingsale LLP
In my experience you will need to get the attorney to re-sign and date that page, and then get the donor to re-sign the last (application to register) page, so it post-dates the signature of the attorney.
You don’t need to send out the whole LPA in these circumstances – just the pages that need re-signing; at least that is what the OPG ask for when they want a page re-signing.
Ask the attorney what date he signed his Section 11 and rule through his birth date and print the correct date underneath…OPG will then stamp the amendment as being made prior to registration.
John Edge (Retired Solicitor)
The helpline is still operational. I got through virtually straight away this week on the Solicitor number.
Joanne Ball Solicitor
I have found the OPG to be particularly hot on ensuring that all the formalities have been complied with in recent times; even in the current circumstances.
If you do go down the route of the attorney amending the date and initialling it, I believe that the witness will also need to initial the amendment. It might be easier to get them to redo their bit again.
Rix & Kay LLP
I’ve had a few go through where the person signing has realised and amended it themselves at the time without initialling, but I think if you amend yourself it will flag as an issue. If getting resigned you wouldn’t need to start the whole signing process again, it’s just that page that needs to be resigned as the attorneys are last to sign in the process.
I had the same problem and the OPG asked me to have a fresh page signed by the attorney and for the donee to sign a new section 15 date dafter the new attorney page.
It never ceases to amaze me how often this happens, no matter how carefully you explain the signing process! The date can be amended, but the amendment should be initialled by the Attorney and the witness, not just the Attorney. However, if the amendment is likely to look a bit messy or unclear, it may be better to send a fresh page.
David Price & Co.