The Office of the Public Guardian (OPG) has confirmed that on 1 October their website contained an error in the Property and Financial Affairs Lasting Power of Attorney (LPA), where there was an incorrect additional part C (for the attorney to sign) included in the downloaded document. The additional part C sheet was taken from the Health and Welfare LPA and contains different undertakings by the attorney.

As a result some professionals (and probably some lay people) will have arranged for attorneys to sign the wrong part C form for at least one of the attorneys.

This is a material difference and will be rejected by the OPG at registration. They will invite the donor to arrange for a new part C form to be completed by the relevant attorney. Provided this is completed and returned for registration within a reasonable period of time, there should not be a problem.

The OPG rectified the error by 2 October, but 1,360 forms had been downloaded before the problem was resolved. Solicitors for the Elderly, which assisted in the revision of the LPA forms, is keen to ensure any teething problems are kept to a minimum and would like the profession to be made aware of this issue.

Despite this hiccough, the forms have generally been well received by the profession and are an improvement on the 2007 prescribed LPA forms.

Caroline Bielanska, Chair, Solicitors for the Elderly, Hertford