What makes an LPA invalid?
Guidance from Estate Advisory Group
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.
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.
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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