Error on LPOA - who's responsible?

shortcrust

I didn't really know where to post this. I've already asked on Legal Beagles but it seems very quiet compared to here, so I'm trying here on the off chance you people can help.:)

I have LPOA for my gran, all set up and registered by her solicitor in 2012. Her bank has called me today to say that her DOB is wrong on the document and they won't accept it. They're right - it's out by a day - and I can't quite believe that no one's noticed for six years (including me!).

My question is, is her solicitor responsible for the error despite the fact that my gran and I signed it and should clearly have been more careful in checking the details? Should I expect them to cover the costs of setting up a new LPOA?

sheramber

Does your gran still have capacity to make a POA?

Have you asked the Office of Public Guardian if a change can be made to the existing one?

shortcrust

sheramber wrote: »

Does your gran still have capacity to make a POA?

Have you asked the Office of Public Guardian if a change can be made to the existing one?

Yes she does, thank god. She's 99 but as sharp ever.

I called the OPG today and it can't be changed. We need a new one, begun from scratch.

Brynsam

I'm afraid you are responsible. Solicitors invariably exhort their clients to check documents carefully begin signing, so a basic mistake by two people who should have spotted an obvious factual error (her own DOB in your gran's case) makes it very unlikely her solicitor will want to cough up.

squirrelpie

Given that you're just replacing the LPOA with an identical one except for her DOB, the only cost is the registration fee. There's no need to involve the solicitor at all.

shortcrust

squirrelpie wrote: »

Given that you're just replacing the LPOA with an identical one except for her DOB, the only cost is the registration fee. There's no need to involve the solicitor at all.

Not very MSE of me but it hadn't occurred to me! Thanks.