LASTING POWERS OF ATTORNEY · ENGLAND & WALES
Why are Lasting Powers of Attorney rejected?
An LPA is designed to protect your ability to choose who makes important decisions on your behalf. But even a seemingly minor mistake can prevent it from being registered when you need it.
THE DETAILS REALLY MATTER
It's not just what the document says. It's whether the OPG can register it.
Your wishes may be perfectly clear, but an incorrectly completed or signed LPA may be returned for correction or may need to be made again. That can mean delays, additional administration and avoidable expense.
A document your family may depend on
A Lasting Power of Attorney (LPA) allows you to appoint people you trust to make certain decisions if you need help, or if you become unable to make those decisions yourself. There are separate LPAs for Property and Financial Affairs and Health and Welfare.
Preparing the paperwork, however, is only part of the process. An LPA must be registered by the Office of the Public Guardian (OPG) before it can be used. The OPG checks whether the document is legally valid and has been completed correctly.
An LPA that cannot be registered cannot provide the protection you intended for your family.
Where can things go wrong?
The problems are often not obvious until the documents reach the OPG. Common sources of difficulty include:
Signing order and dates
The donor, certificate provider and attorneys must sign in the required order. Incorrect dates or signatures in the wrong sequence can cause registration problems.
Witnessing and certification
Signatures need appropriate witnesses. The certificate provider must also be eligible and complete their part properly.
Details and instructions
Missing information, inconsistent names, unclear instructions or incorrectly completed sections may prevent an otherwise well-intentioned LPA from being registered.
Some errors can be corrected. Others cannot, and the OPG may require a replacement application. The important point is that mistakes are not necessarily harmless simply because everyone understands what was intended.
Consider what that could mean
Imagine a couple who prepare their LPAs, arrange signatures and put the paperwork aside, believing everything is in order. Several years later, one of them loses the capacity to make important financial decisions.
THE ORIGINAL PLAN
Trusted people are appointed
The couple have chosen their attorneys and completed their documents, but the LPAs have not yet been registered. They assume the arrangements are ready if ever needed.
WHEN HELP IS NEEDED
The application contains an error
When the family applies to register an LPA, the OPG identifies a problem that cannot be corrected. If the donor now lacks capacity, making a fresh LPA may no longer be possible.
In such circumstances, the family might need to explore an application to the Court of Protection rather than relying on the LPA they thought they had in place. That can be a much more involved process.
Why professional checking and registration support matter
An LPA involves more than filling in a form. There can be several people to coordinate, documents travelling between different addresses, signatures and witnesses to arrange, and correspondence with the OPG before the registered paperwork is returned.
This is why I offer two levels of LPA service. Both begin with a personal consultation and the preparation of your documents. The distinction is how much of the subsequent administration you would like to manage yourself.
GUIDED COMPLETION SERVICE
Prepared for you, completed by you
I prepare the documents and provide signing and registration guidance. You arrange your own certificate provider, coordinate attorney signatures, check the completed paperwork and submit it to the OPG yourself. The documents do not return to me for checking.
FULL CHECKING SERVICE
More of the administration handled for you
After preparing and sending the documents for your initial signing, I handle the certificate provider stage where appropriate, coordinate the attorneys, check returned originals, arrange registration and deal with OPG correspondence, before checking and returning the registered documents to you.
The Full Checking Service does not remove the need for the correct people to sign and witness documents, or guarantee OPG acceptance. It does, however, provide an additional level of professional oversight throughout a process where errors can be costly.
GET IT RIGHT BEFORE YOU NEED IT
Put the right arrangements in place with confidence.
Your LPA should be something you and your family can rely on. During a free consultation, we'll discuss who you want to appoint, the decisions they may need to make and the level of support that suits you.
I'll prepare your documents personally, explain the next stages and make clear which responsibilities are included in your chosen service.
General information for England and Wales. Errors and registration outcomes depend on the individual application. Information on common LPA errors is also available from the Office of the Public Guardian.