Setting up a Lasting Power of Attorney (LPA) is one of the most important steps you can take to safeguard your future.
It ensures that someone you trust can make decisions on your behalf if you lose the ability to do so yourself, whether due to illness, accident, or age-related decline.
Despite its importance, thousands of LPA applications are rejected every year due to simple, avoidable mistakes.
Erin Clarke, Associate and Solicitor in the Wills and Probate Team at Bromleys, explains what steps you can take to avoid these errors and ensure your LPA is accepted the first time you submit it.
Why LPA Applications Get Rejected
According to the Office of the Public Guardian (OPG), over 51,000 LPA applications were rejected last year, around 3.7% of all submissions. These errors can cause delays, stress, and in some cases, leave loved ones without the legal authority they need to act.
Common reasons for rejection include:
- Signing in the wrong order – The donor must sign first, followed by the certificate provider, then the attorneys.
- Unlawful instructions – For example, references to assisted dying must be removed by the Court of Protection.
- Incorrect certificate provider – Family members or attorneys cannot act in this role.
- Using correction fluid or pencil – These invalidate the form.
- Conflicting instructions – Such as appointing attorneys to act jointly but also asking them to act separately.
Each of these mistakes can result in the form being rejected and needing to be resubmitted, delaying the protection you’re trying to put in place.
How to Get Your LPA Right First Time
To improve your chances of a successful application, it’s important to follow the government’s LP12 guidance and double-check your form before submission. Key steps include:
- Using the correct form: LP1F for financial decisions or LP1H for health and care
- Ensuring all signatures are in the correct order
- Choosing an impartial certificate provider
- Avoiding ambiguous or unlawful instructions
- Ensuring witnesses are over 18 and not involved in the LPA
Even with official guidance, completing an LPA can be complex, especially when issues like mental capacity or family dynamics come into play.
Why Expert Legal Advice Matters
It’s natural to want to handle your LPA yourself. After all, it’s a deeply personal decision. But even small errors can lead to rejection, or worse, an LPA that doesn’t work when it’s needed most.
At Bromleys Solicitors, we take the time to understand your wishes and guide you through the process with clarity and care. We don’t just fill in forms, we help you make informed decisions that protect your future.
Here’s how we can help:
- Ensure your form is completed correctly, avoiding common pitfalls
- Advise on suitable certificate providers who meet legal requirements
- Help you write clear, lawful instructions that reflect your values
- Assess mental capacity where needed
- Give you peace of mind that your loved ones will be protected
Speak to Our Wills & Probate Team
Whether you’re planning ahead for yourself or helping a loved one, our experienced solicitors are here to help. We offer empathetic, jargon-free advice tailored to your family’s needs.
Let Bromleys help you get your LPA right. Call us today on 0161 884 0905 or email bromleys@bromleys.co.uk and see how we can help.