Before we delve into the process of correcting a mistake on an LPA, let’s briefly recap what an LPA is. A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint someone you trust (your attorney) to make decisions on your behalf if you lose mental capacity. This can cover decisions related to your property and financial affairs (property and financial affairs LPA) or decisions about your health and welfare (health and welfare LPA).
Please click here to find out more about our Wills and Lasting Power of Attorney Services.
Free Initial Telephone Discussion
For a free initial discussion on how we can help you deal with the legal implications of creating a lasting power of attorney, get in touch with us today. We are also experienced in dealing with all aspects of Wills and Probate and we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.
Common Mistakes and How to Correct Them
Mistakes can happen when creating an LPA. Some common errors include:
- Incorrect details: This could be a wrong name, address, or date of birth.
- Missing information: Essential details might be omitted, such as the appointment of a deputy.
- Inconsistent information: Conflicting details or contradictory statements can arise.
- Misunderstanding of terms: Terms or concepts might be misinterpreted.
If you’ve discovered a mistake in your LPA, don’t panic. Here’s a step-by-step guide on how to correct it.
- Assess the Severity of the Mistake:
- Minor errors: If the mistake is minor and unlikely to affect the LPA’s validity, you might be able to correct it by providing additional information or clarification.
- Significant errors: For more serious errors, such as incorrect appointments or missing information, you’ll likely need to create a new LPA.
- Consult with a Solicitor:
- Expert advice: A solicitor can provide tailored guidance based on the specific nature of the mistake and your individual circumstances.
- Blackstone Solicitors: As a law firm offering services across England and Wales, Blackstone Solicitors can assist you in understanding your options and navigating the correction process.
- Gather Necessary Documentation:
- Original LPA: You’ll need a copy of the original LPA.
- Identity proof: This may include your passport, driving licence, or birth certificate.
- Proof of address: Utility bills or bank statements can be used to confirm your address.
- Consider the Correction Options:
- Amendment: In some cases, it might be possible to amend the existing LPA by providing additional documentation or making corrections directly on the document.
- Replacement: For more substantial errors, creating a new LPA may be necessary. This involves following the same process as creating the original LPA.
- Complete the Correction Process:
- Paper-based LPA: If your LPA is a paper-based document, you’ll need to complete the necessary forms and submit them to the Court of Protection.
- Online LPA: If you created your LPA online, you might be able to make corrections through the online portal.
- Pay the Required Fees:
- Court fees: There may be fees associated with amending or replacing an LPA. The exact amount will depend on the nature of the correction and the jurisdiction.
Additional Considerations:
- Timeframe: The time it takes to correct an LPA can vary depending on the complexity of the mistake and the efficiency of the correction process.
- Deputies: If you’ve appointed deputies, they may need to be involved in the correction process.
- Capacity: If you’ve lost mental capacity, your attorney will need to handle the correction process on your behalf.
Conclusion
Correcting a mistake on an LPA can be a straightforward process when handled with the right guidance. By consulting with a solicitor, gathering necessary documentation, and following the appropriate steps, you can ensure that your LPA remains valid and effective.
How we can help
We have a proven track-record of helping clients create a lasting power of attorney. This also includes all the different types, even if you need more than one. We are a multidisciplinary firm and have all the expertise inhouse to satisfy the most exacting requirements of our clients. We will guide you through all the necessary legal due diligence in a comprehensive and timely manner. We firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.
How to Contact Our Wills and Probate Solicitors
It is important for you to be well informed about the issues and possible implications of creating a Lasting Power of Attorney. However, expert legal support is crucial in terms of ensuring your wishes are met as you would want them to be.
To speak to our Wills and Probate solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
Comments are closed.
