ARTICLE · 10 JUNE 2024

Invalid LPAs

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There has been a recent decision made by the Court of Protection (COP) in the case of TA v Public Guardian [2023] EWCOP 63, which has highlighted the importance of consideration of the issues...

United KingdomFamily and Matrimonial

There has been a recent decision made by the Court of Protection (COP) in the case of TA v Public Guardian [2023] EWCOP 63, which has highlighted the importance of consideration of the issues that may lead to an Lasting Power of Attorney (LPA) being rendered invalid.

As means of background, LPAs came into force in 2007. There are 2 types of LPA (health & welfare and property & financial affairs) which replaced the former, narrower Enduring Power of Attorney (EPA), which only allowed attorneys to make decisions regarding the donor's (the person making the Power of Attorney) property and financial affairs.

An LPA document may be invalidated based on either prescribed grounds or a factual objection.

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