A Lasting Power of Attorney (LPA) is a legal document every adult should have. Making an LPA enables an individual to give one or more people (known as attorney(s)) the legal authority to make decisions on their behalf should they lose the capacity to make certain decisions for themself.
Money Saving Expert Martin Lewis describes a power of attorney as “even more important than a Will” and emphasises that they are not just for the elderly.
Capacity could be lost at any time, for example through an accident, illness or stroke, and an LPA acts as an invaluable safeguard for people of all ages to protect against unforeseen events.
To make an LPA, you must choose whom you wish to act as your attorney(s), complete various forms, and register your application with the Office of the Public Guardian (OPG).
The forms can be complex, and it can be easy to make mistakes.
Solicitors for LPAs
In the tax year 2023–2024, a total of 50,918 LPA applications were rejected in England and Wales due to avoidable errors, according to data from the OPG and Ministry of Justice.
A solicitor specialising in LPAs can help ensure that your LPA application is completed accurately and minimise the risk of errors.
At Beverley Morris & Co. Solicitors, our specialist power of attorney solicitors based in Blackheath have extensive experience helping people with LPA applications.
If you need help completing power of attorney forms or registering an LPA at the OPG, please get in touch with our friendly team by calling 020 8852 4433 or emailing enquiries@beverleymorris.co.uk.
In this blog, our Power of Attorney Solicitors look at some of the top errors made in LPA applications.
1. Missing pages or mixing forms.
There are two main types of power of attorney:
- LPA for Property and financial affairs. This gives your attorney(s) the power to make decisions involving your property and finances, such as managing your bank account, paying household bills or selling your home.
- LPA Health and welfare. This enables your attorney(s) to make decisions relating to your health and welfare, such as your medical care.
Each document is around 20 pages long, and most people choose to make them both at the same time. This can cause applicants to unintentionally mix up pages on the different forms, causing delays in the registration process.
2. Signing pages in the wrong order.
An LPA must be signed and dated by various people in a certain order:
- The donor signs the LPA first.
- A witness signs the LPA to verify the donor’s signature.
- The certificate provider then signs their section.
- Attorneys and/or replacement attorneys sign.
- A witness signs to verify the attorneys and/or replacement attorneys’ signature(s).
This can quickly become confusing, particularly if separate applications on behalf of a couple are being completed at the same time.
3. Family members as certificate providers.
The certificate providers must confirm on an LPA application that the donor has mental capacity and is not signing under duress.
Family members of a donor cannot act as certificate providers since the role requires independence and an objective view.
4. Making corrections.
If you make a mistake before you’ve signed an LPA, you can correct it. Any mistakes must be crossed out with a pen and the correct details written as close to the relevant box as possible. LPA applications with pencil or Tippexed amendments will not be registered.
5. Unlawful instructions.
Applications can be delayed or rejected if they include unlawful instructions, for example, references to assisted dying. It is advisable to seek legal advice on any instructions you wish to include in your LPA to ensure they are lawful.
Solicitors for LPA Blackheath
At Beverley Morris & Co. Solicitors in South East London, our experienced team specialises in drawing up Lasting Powers of Attorneys on behalf of clients.
Writing and signing a power of attorney can seem daunting, so we are on hand to guide you through the process.
To ensure your finances and possessions are dealt with according to your wishes should you lose the ability to make decisions for yourself, please get in touch with Beverley Morris & Co. Solicitors in Blackheath today on 020 8852 4433 or email enquiries@beverleymorris.co.uk.