View source for Re Harries (2009) COP 22/6/09 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==
{{#bailii:no ncn}}

[[:File:Re Harries (2009) COP 22-6-09 11613871.pdf|Transcript]]

[[Judiciary of England and Wales, 'Court of Protection: 2009 report' (10/6/10)]] - Summary on page 16

{{epa-summary-link}}

[[Category:EPA cases - formalities]]

[[Category:Brief summary]]
[[Category:Transcript]]
[[Category:2009 cases]]
[[Category:Judgment available on MHLO]]