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WA Can Date on Power of Attorney Form Still be Added?

Discussion in 'Wills and Estate Planning Law Forum' started by Lisa Page, 9 November 2015.

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  1. Lisa Page

    Lisa Page Member

    9 November 2015
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    My sister and I filled out a power of attorney form in 2010 for my mother who at the time was of sound mind. The Form was filled out completely including all signatures and all witness signatures as well. Somehow my brother has the original forms and the date has not been filled in. He is refusing to put the date in and says it's not legal to do so after the day it was filled out.

    Mum is still with us and I don't want to put her through any undue stress. She is now incompetent to sign again.

    Can you please tell me if you can add the date after filling out the document?

    A point I forgot to add was that the signing page was dated, the only date that was forgotten was the first line of the document
  2. Therese

    Therese Well-Known Member

    11 October 2015
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    Hi Lisa,

    My understanding is that if the validity of the document was challenged, as the dates are on the signing page it may still be valid.

    However, I would not alter the document by adding the date now, as it may make the entire document invalid.

    My suggestion would be to get legal advice. Office of the Public Advocate may be able to assist, if not a legal aid centre or lawyer.

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