Many individuals choose to complete Lasting Power of Attorney (LPA) forms themselves, aiming to save on legal fees. LPAs are vital legal instruments that allow a person (the 'donor') to appoint trusted individuals (attorneys) to make decisions on their behalf if they lose the mental capacity to do so in the future. There are two types: one for property and financial affairs, and another for health and welfare. While the process is designed to be accessible, a significant number of applications face rejection or delays due to avoidable errors.
One of the most frequent blunders involves the witnessing of signatures. For an LPA to be legally valid, the donor's signature must be witnessed by an independent adult who is not an attorney or replacement attorney. Similarly, the attorneys' signatures must also be witnessed. Crucially, the 'certificate provider' â an independent person who confirms the donor understands the LPA and has not been pressured â must sign after the donor, but before the attorneys. Any deviation from this specific order can invalidate the entire application, leading to a requirement to resubmit and pay the fee again.
Another common issue arises from incomplete or incorrect information. Applicants often omit details, such as full addresses, dates of birth, or fail to tick all necessary boxes. The forms require meticulous attention to detail, and even minor omissions can trigger a rejection from the Office of the Public Guardian (OPG), the body responsible for registering LPAs. This not only causes frustration but also incurs further costs, as the application fee, currently £82 per LPA, is non-refundable upon rejection.
Furthermore, misunderstanding the roles and responsibilities of attorneys can lead to complications. Donors must clearly specify how attorneys are to act â either 'jointly' (all must agree on every decision) or 'jointly and severally' (they can act independently or together). Choosing 'jointly' can be problematic if one attorney becomes unavailable, potentially paralysing decision-making. Careful consideration of these clauses is essential to ensure the LPA functions as intended in the future.
The implications of a rejected LPA can be substantial. Without a registered LPA, if an individual loses mental capacity, their loved ones may have to apply to the Court of Protection for a Deputyship Order. This process is often more complex, time-consuming, and significantly more expensive than setting up an LPA. It can also lead to delays in managing finances or making crucial health decisions, adding stress during an already difficult time for families.
While the option to complete LPA forms independently offers cost savings, individuals are advised to carefully review all instructions provided by the OPG and consider seeking professional advice if they are unsure about any aspect. The OPG website provides comprehensive guidance and resources to assist those completing the forms without expert help.
Source: Office of the Public Guardian