Re Harries (2009) COP 22/6/09 11613871
(Redirected from Re Harries (2009) COP 11613871)
The witnesses to an EPA had handwritten their names but not separately signed the form, so the OPG had refused to register the EPA. The court held that the difference between a handwritten name (as opposed to a typed one) and a signature is immaterial, and ordered that the EPA be registered.
OPG summary
From OPG website: "The witnesses to the signatures of the donor and the attorney left the space for the signature of the witness blank, and wrote their names (and addresses) in capital letters in the space for the name and address of the witness. On the application of the attorney it was held that the instrument was a valid EPA. The judge added that the decision would have been otherwise if the names and addresses of the witnesses had been typed."
Other
Listed on Justice website as "Re Harries (an order of the Senior Judge made on 22 June 2009)" under the heading "Whether the instrument was validly executed"
Citations
Re FH, M v Public Guardian [2010] WTLR 51 (Senior Judge Lush, 22 June 2009)
Summary from Court of Protection 2009 Report
FH executed an enduring power of attorney appointing his son as his attorney. The signatures of both the donor and the attorney were witnessed but, although the witnesses wrote their names and addresses, neither included their signature. The Public Guardian refused to register the instrument because he considered it to be defective. One of the witnesses, M, applied to the court to confirm the validity of the power. It was held that, considering the circumstances, the handwritten names and addresses of the witnesses were deemed to be sufficient proof of identity, even in the absence of signatures. Accordingly the judge directed the Public Guardian to register the instrument.
External link
No Bailii link (neutral citation is unknown or not applicable)
Judiciary of England and Wales, 'Court of Protection: 2009 report' (10/6/10) - Summary on page 16
Summary on OPG section of Justice website .This is a link to an archived version of the web page (archived on 6/10/14).