A lasting power of attorney (LPA) allows you to delegate certain powers to a nominated person, known as an attorney, to make decisions on your behalf when you’re no longer able to.
While there are many benefits of making a lasting power of attorney, the application process takes time. More importantly, if you make a mistake, this will result in your application being rejected.
In this guide, we’ll cover some lasting power of attorney application mistakes to avoid the trouble of needing to apply to register your LPA with the Office of the Public Guardian (OPG) again.
Common Mistakes When Doing A Lasting Power Of Attorney Application
Common mistakes when drafting a lasting power of attorney application include, but are not limited to:
- Signing and dating the forms in the incorrect order
- Using the wrong witness
- Leaving out information
- Not providing full names
- Making contradictory requests
1. Signing & Dating The Forms In The Incorrect Order
A common mistake on a lasting power of attorney application is to sign and date the forms in the incorrect order.
The person making the lasting power of attorney, also known as the donor, must sign the forms first.Â
Once signed by the donor, the certificate provider must sign it, then the attorney(s), followed by the person registering the LPA signing again.
Signing the forms in the wrong order will result in your LPA application being rejected.
2. Using The Wrong Witness
Another common mistake to make on a lasting power of attorney application is to use the wrong witness.
For instance, an attorney can’t witness a donor’s signature due to a conflict of interest.
That said, it’s important to choose the right witness for your application, and signatures must be witnessed in person.
Who Can Witness An LPA Signature?
The donor’s signature needs to be witnessed by someone 18 or over who isn’t a named attorney or a replacement attorney.
On the other hand, an attorney’s signature must be witnessed by someone 18 or over who’s not the donor.
3. Leaving Out Information
Leaving out information on your application is a common lasting power of attorney application mistake.
Failing to fill out the forms correctly, such as leaving out important dates and signatures or leaving pages blank by accident, will result in your LPA being rejected.
Considering currently, ‘it costs £82 to register each LPA unless you get a reduction or exemption’, leaving out information on your form can be costly in the long run. This is especially true if you’re registering both a financial and property affairs LPA and a health and welfare LPA.
If you’re unsure about anything to do with the process of making a lasting power of attorney, Harding Evans Solicitors is here to help.
Contact our solicitors today to find out how we can assist you.
4. Not Providing Full Names
A common mistake people make when drafting a lasting power of attorney application is not providing all the full and correct names.
Although this may seem like a small detail to some, all names, including middle and last names, should be provided on the form(s).
It’s important to note that the names you include in the forms must be legal names rather than self-identifying names, such as nicknames.
5. Making Contradictory Requests
Lastly, a common mistake people make when drafting a lasting power of attorney application is making contradictory requests.
Contradictory requests and instructions can hamper the LPA application process and can even result in your application being rejected.
An example of this would be a donor appointing an attorney with the power to make a certain decision but then including specific instructions that directly go against this.
In this situation, the LPA would be rendered unworkable, which means that it would be rejected.
Should I Use A Solicitor For A Lasting Power of Attorney?
Whilst not a legal requirement, it is highly recommended that you use a solicitor when putting your Lasting Power of Attorney in place.
A solicitor will be able to clearly explain to you the different types of Lasting Power of Attorney and talk you through your options, empowering you to appoint the most suitable people into the roles.
A solicitor also has vast experience in drafting LPAs and will ensure that everything is correct, protecting you and your decisions if and when the time comes that your appointed attorneys need to take over the responsibility for your health, welfare and finances.Â
How Long Does It Take To Register A Lasting Power Of Attorney?
The answer to this question is that it depends.
Generally speaking, ‘it takes 8 to 10 weeks to register an LPA if there are no mistakes in the application’.Â
However, as we’ve touched on above, giving contradictory instructions can also impede the application process.
How We Can Help
It is never too early to put a Lasting Power of Attorney in place. Any one of us could be involved in an accident where we lose capacity at any time so, by planning ahead, you can take control of your affairs and choose people you trust to make your decisions regarding your health, care and finances on your behalf, should the time come where you need them to.
Our team of solicitors at Harding Evans have extensive experience in this area and can meet with you to discuss your needs at our Newport or Cardiff offices or at your home.
Get in touch today to learn more about how our solicitors can help.
