Legal question: Leaving a lasting POA undated
Legal question: Leaving a lasting POA undated
Author
Discussion

Ultraviolet

Original Poster:

625 posts

246 months

Friday 22nd December 2017
quotequote all
Legal bods

I've been asked to sign a lasting POA (for property and financial affairs) but leave it undated... this is not something I've done before, I've always ensured the POA is dated when signed and witnessed... is leaving a POA undated a sensible move? What are the implications?

Any advice gratefully received..

cheers,

UV

alorotom

12,787 posts

217 months

Friday 22nd December 2017
quotequote all
Id say the implications are that circumstances change and the POA needs terminating but could be reinstated formally by adding a date later - sounds quite dangerous IMO

Henners

12,424 posts

224 months

Friday 22nd December 2017
quotequote all
Dear Mr UV... Why did you sign a PoA at x date knowing that abc happened at x-4...

I'd be very cautious.

ellroy

7,835 posts

255 months

Friday 22nd December 2017
quotequote all
Speed plod and the law may get a set of better answers?

Rude-boy

22,227 posts

263 months

Friday 22nd December 2017
quotequote all
Who has asked you to sign it and is it awaiting the signature of others.

From your previous i seem to recall you are not your average wage slave. As such i would have thought that you would be used to the concept of solicitors sending you papers to sign and return undated.

BUT having spoken to someone here the answer is that each person should date as they sign BUT it must be done in the correct order - Donor, Certificate provider, attorney (ies).

It would be rejected on registration if the date it was signed by the donor was before the date the attorney (ies) or cert provider had signed.

HTH

TooMany2cvs

29,008 posts

156 months

Friday 22nd December 2017
quotequote all
Rude-boy said:
BUT having spoken to someone here the answer is that each person should date as they sign BUT it must be done in the correct order - Donor, Certificate provider, attorney (ies).

It would be rejected on registration if the date it was signed by the donor was before the date the attorney (ies) or cert provider had signed.
^ This.

PoA has to be registered with the OPG, and this is exactly the sort of thing they look at.