What if the OPG rejects your LPA?
Guidance from Estate Advisory Group
Rejections come with an explanation. Some faults can be corrected; others mean the whole document must be signed again.
Fixable versus fatal
| Problem | Usual outcome |
|---|---|
| Missing fee or evidence | Send it — no re-signing needed |
| Unclear instruction in section 7 | May be severed by the court, or re-sign |
| Missing continuation sheet | Depends; often re-sign |
| Signatures in the wrong order | Re-sign the whole LPA |
| Ineligible certificate provider | Re-sign the whole LPA |
| Attorney witnessed the donor | Re-sign the whole LPA |
Will you pay again?
If the application is returned before it is processed, the fee is usually not consumed. If it was processed and the LPA cannot be registered, expect to pay the £92 again on resubmission. Either way you lose the time.
Reducing the risk to near zero
Every fault on that list is a completion error, not a legal judgement. That is why our service checks certificate provider and attorney eligibility before you print, runs a consistency check across the whole document, and issues a signing pack with names, pages and dates. See common LPA mistakes.
We cannot promise acceptance
No service can guarantee OPG registration, because the OPG makes its own decisions. What we can do is check for the errors that cause most rejections.
Common questions
Can the OPG remove a bad instruction and register the rest?
The Court of Protection can sever an invalid provision, but it adds delay. Avoiding troublesome wording in the first place is much simpler.
How will I be told?
The OPG writes to the applicant, returning the document with the reason.
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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