Creating a power of attorney, or LPA, is one of the most important decisions you will make during your lifetime. It is important that it is executed correctly, registered with the Office of the Public Guardian, OPG and is always updated when necessary.
In 2023-24 the OPG rejected over 50,000 applications, and often mistakes could have been avoided. Note that extra fees may be involved if an application is rejected.
The UK government provides guidance on how to avoid the basic errors when filling out a lasting power of attorney form.
Power of Attorney Online
You will find information about powers of attorney online at sites such as /powerofattorneyonline.co.uk/.
Below we will look at some of the mistakes to be avoided.
Order of Signing
This is a common mistake. Make sure the donor signs and dates the document first. The certificate provider then signs, and then the attorneys sign along with any replacement attorneys. Finally, the application pages are signed by the donor or attorneys acting for them.
Witnessing the Signatures
All signatures must be witnessed when the forms are signed, and the witness must be aged 18. Attorneys cannot witness the donor’s signature, although they can witness other attorneys’ signatures. Witnesses’ names must be included.
Handwriting
It is important that the handwriting on the LPA is legible. Applications can be made online to avoid this issue.
Correcting Mistakes
Always double-check the information such as dates of birth, as mistakes here are quite common. Any mistakes on a form can be corrected by striking through and initialling next to the corrected information.
Missing a Section
The form must be completed in all the sections other than the optional ones, which are clearly indicated. The OPG provides information to help you complete the form correctly.
Conflicting Instructions
If you provide instructions for attorneys, ensure that they do not conflict. A typical mistake is to say that decisions must be made together if there is more than one attorney when you have indicated that they will act jointly and severally.
