Most LPAs that come back from the Office of the Public Guardian fail for mechanical reasons rather than legal ones: signatures in the wrong order, a witness dating their signature later, an attorney witnessing the donor, blank boxes, or section 5 of a Health & Welfare LPA left unanswered. Work through the twelve checks below before you post anything.
Where you stand
12 checks still to confirm, including 5 that would normally stop registration.
The donor signed first, then the certificate provider, then the attorneys
Signing out of order is the single most common reason an LPA is returned. If the certificate provider or an attorney signed before the donor, that part of the form has to be re-executed.
Each signature was witnessed on the same day it was signed
A witness must watch the signature and sign on the same day. A later date on the witness line invalidates that signature.
No attorney witnessed the donor's signature, and attorneys did not witness each other
Attorneys cannot witness the donor's signature, and cannot witness each other. The donor also cannot witness an attorney's signature.
The certificate provider is not family, not an attorney, and qualifies on the two-year or professional test
An ineligible certificate provider makes the certificate worthless and the LPA will not be registered.
Every box that must be completed is filled in, and unused boxes are struck through
Blank continuation boxes and unstruck unused sections are a frequent reason for the OPG raising a query.
Names and addresses are written identically everywhere they appear
Inconsistent names (middle names present in one place, absent in another) cause identity queries and delay.
The donor's date of birth is correct and matches official records
An incorrect date of birth is treated as an error on the face of the document.
Any instructions or preferences are lawful, clear and possible to follow
Instructions that fetter the attorneys unlawfully, or are too vague to apply, get severed by the OPG — the LPA is registered without them.
On a Health & Welfare LPA, section 5 (life-sustaining treatment) has one option selected
Section 5 must show a choice and be signed and witnessed. Leaving it blank means the LPA is rejected.
If people to notify are named, LP3 was sent to each before registration
Naming people to notify creates an obligation to send them form LP3 and confirm you have done so.
The £82 fee per LPA is enclosed, or form LPA120 is attached to claim remission
Applications arriving with no fee and no remission form are held rather than processed.
Extra attorneys or notes are on the official continuation sheets, not loose paper
Loose annexes are not accepted; only the official continuation sheets form part of the LPA.
What happens when the OPG finds an error
The OPG either raises a query and gives you a period to respond, or returns the LPA as "imperfect" and asks for it to be re-executed. Either way the application goes to the back of the queue, and on current OPG figures a straightforward registration already takes around seven to eight weeks. A single misdated witness line can easily add two months.
Error
Usual consequence
Fixable without re-signing?
Signing order wrong
Returned for re-execution
No
Witness signed on a later date
Returned for re-execution
No
Section 5 left blank (Health & Welfare)
Returned
No
Vague instruction or preference
Wording severed, LPA still registered
Yes
Missing fee or LPA120
Application held
Yes
Name inconsistency
Query letter
Usually yes
The two checks people fail most
Order of signing. The donor signs, then the certificate provider, then the attorneys. Not the other way round, and not all at once with dates filled in afterwards. Use the signing order checker with your actual dates.
Who witnessed what. An attorney can never witness the donor, and attorneys cannot witness each other. Use an independent adult — a neighbour is fine.
Common questions
Can I use correction fluid on a mistake?
No. Cross the error out, write the correction alongside, and have the person whose section it is initial the change. Heavily amended pages are better re-printed and re-signed.
Does the OPG refund the fee if the LPA is rejected?
Answer plain-English questions and we produce your LPA checked for common completion errors, with signing instructions in the right order. £49 per LPA.