What makes an LPA invalid?
Guidance from Estate Advisory Group
Written and legally reviewed by Ramani Gill TEP, Solicitor and private client practitioner·Last reviewed 13 August 2026
Some LPAs are invalid from the start. Others stop working because of something that happens later.
Invalid from the start
- The donor did not have capacity to make it — see mental capacity explained.
- The signing order was wrong: the certificate provider or attorneys signed before the donor. See LPA signing order.
- A signature was not witnessed, or the witness was an attorney or the donor's spouse in the wrong place.
- An attorney was ineligible — under 18, bankrupt on a financial LPA, or a disqualified trustee.
- The donor was pressured into it.
Events that end an LPA
- The donor dies — see what happens when the donor dies.
- The donor revokes it while they have capacity.
- The sole attorney dies, loses capacity, becomes bankrupt (financial LPA) or disclaims, with no replacement named.
- An attorney who is the donor's spouse or civil partner divorces or dissolves the partnership, unless the LPA says otherwise.
- The Court of Protection revokes it.
How to avoid it
Most invalidity is a paperwork failure
Nearly all rejections and later problems come from dates, order of signing and witnesses. That is precisely what our consistency check looks at before you print. See common LPA mistakes.
Worked example
Harold signs his property and finance LPA appointing his daughter Beth as certificate provider, not realising she cannot act in that role because she is also his attorney. The OPG's initial check does not catch the conflict because the box is completed and signed. Eighteen months later, when a dispute arises between Beth and her brother over a proposed house sale, the brother's solicitor identifies the conflict and applies to the Court of Protection, which declares the LPA invalid from the outset. Because Harold has since lost capacity, he cannot simply sign a corrected version — the family instead has to apply for a deputyship, at far greater cost and delay than a properly completed LPA would have taken.
How invalidity differs from an LPA that simply stops working
| Invalid from the start | Stops working later |
|---|---|
| Wrong signing order or an ineligible certificate provider | Donor dies |
| Donor lacked capacity when signing | Sole attorney dies or loses capacity with no replacement |
| Undue pressure on the donor | Attorney becomes bankrupt on a financial LPA |
| A witness who was also an attorney | Court of Protection revokes it |
Common questions
Will the OPG spot an invalid LPA?
It checks the form, not the truth behind it. A well-completed but pressured LPA can be registered and only challenged later.
Can an invalid LPA be fixed?
Usually only by making a new one, which requires the donor still to have capacity.
Does a small mistake, like a missed date, always make an LPA invalid?
Not necessarily. Minor errors often trigger an OPG query or rejection that can be corrected before registration; the more serious problems above go to invalidity that survives registration.
Who can raise invalidity after registration?
Anyone with a genuine interest, including the donor, an attorney or a family member, can apply to the Court of Protection under the prescribed grounds described in objecting to an LPA registration.
Read next
Where this fits
This page is part of Disputes and safeguards. The pages below take it further.
- Make an LPA online
The whole journey end to end: questions, documents, signing and registration.
- Solicitor, GOV.UK or online?
An honest comparison, including when you genuinely should pay a solicitor.
Review and sources
Reviewed by Ramani Gill TEP, Solicitor and private client practitioner. Last reviewed 13 August 2026. We recheck fees, forms and Office of the Public Guardian guidance whenever they change — see our editorial policy.
Official sources
Ready to make your LPA?
Choose one LPA or both, then start online for £49 per LPA.
The Office of the Public Guardian charges a separate £92 to register each LPA.
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