The most common LPA mistakes
Guidance from Estate Advisory Group
Almost every rejected LPA fails for a handful of avoidable reasons. None of them are legal subtleties.
The big ones
- A relative as certificate provider. In-laws and cousins count as family and invalidate the certificate.
- Signatures out of order. Attorney signing before the certificate provider is fatal.
- An attorney witnessing the donor. Not permitted — see can an attorney be a witness.
- A missing date or signature, often on a continuation sheet.
- Unacceptable instructions in section 7.
- Names that do not match official records, or wrong dates of birth.
- Fee reduction claimed with no evidence attached.
- Section 6 named people but no LP3 sent.
What each mistake costs
A returned application usually means reprinting the whole document and gathering every signature again. Where the fee has been taken, a further £92 may be payable. Add the OPG's processing time and a single error can set you back a couple of months.
How to avoid all of them
- Check certificate provider eligibility before anyone signs.
- Write down the signing sequence and dates in advance.
- Leave section 7 blank unless you have a specific, workable requirement.
- Read every page for blank boxes before it goes in the envelope.
Our service is built around precisely this list: eligibility checks, a consistency check across the document, and a signing pack that tells each person what to do. Start the free check.
Common questions
Does the OPG tell you what is wrong?
Yes. Rejected applications come back with an explanation, so you at least know what to fix.
Can small errors be corrected without re-signing?
Sometimes, if they are minor and initialled by the donor. Anything affecting signatures, dates or eligibility means signing again.
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This is general information about how Lasting Powers of Attorney work in England and Wales. It is not legal advice about your situation. What we do and do not do.
Published by Estate Advisory Group