A Lasting Power of Attorney (LPA) is a vital legal tool that allows you to appoint trusted individuals to make decisions on your behalf if you lose mental capacity. However, many LPA applications get delayed or rejected because of common errors. In 2025, solicitors in England and Wales continue to see avoidable mistakes causing frustration and unnecessary delays. Here’s a practical guide on what to watch out for to ensure your LPA application is smooth and successful.
What is an LPA?
An LPA can cover either Property and Financial Affairs (managing bank accounts, paying bills, selling property) or Health and Welfare decisions (medical care, living arrangements). You can create one or both types depending on your needs.
Top LPA Application Mistakes to Avoid
Incomplete or Incorrect Forms
The LPA forms require detailed information about donors (the person granting the power), attorneys, and certificates confirming capacity. Missing signatures, incorrect dates, or incomplete sections can cause the Office of the Public Guardian (OPG) to reject or delay your application.Failure to Properly Certify the LPA
The LPA must be certified by someone who confirms that the donor understands the document and is not under undue pressure. This certifier can be a solicitor, a doctor, or a trusted person who has known the donor for at least two years. Incorrect certification is a common reason for refusal.Not Informing People Named in the ‘People to Notify’ Section
The donor has an option to notify people who are not attorneys or certifiers, to check for any concerns. This is not compulsory but if you include such people in the form, failure to inform these people, or naming inappropriate people, can cause delays.Submitting Without Payment or With Incorrect Fees
As of 2025, the standard LPA registration fee is £82 (with exemptions available). Applications without the correct fee or proof of exemption will be returned.Not Registering the LPA Before Use
An LPA must be registered with the OPG before attorneys can use their powers. Many people mistakenly believe the LPA is valid as soon as signed. This can cause legal complications if decisions are made prematurely.Not Planning for Replacement Attorneys
It’s advisable to name replacement attorneys in case an appointed attorney is unable or unwilling to act. Omitting this can cause delays if an attorney becomes unavailable.Forgetting to Keep Copies and Communicate with Attorneys
Once registered, you should keep certified copies and ensure attorneys understand their responsibilities.
How We Can Help
While DIY LPA kits exist, solicitor involvement ensures:
Correct and thorough completion of forms.
Proper certification and advice on who to notify.
Assistance with registration and avoiding pitfalls.
Tailoring LPAs to your unique needs, especially complex family or financial
Setting up an LPA correctly protects your future autonomy and eases the burden on loved ones. Avoiding these common mistakes will help your application sail through the OPG and provide peace of mind.
