If you are unable to manage your own affairs, a Lasting Power of Attorney (LPA) appoints someone of your choice to act on your behalf.
There are two types of LPA:
- Property and Financial Affairs – allows your chosen person to handle your bank accounts, investments, bills and property.
- Health and Welfare – covers decisions about your health and care.
At Marsden Rawsthorn, we would always recommend meeting with a legal professional to complete LPA documents as a minor error could result in the LPAs being deemed invalid.
Here are some of the reasons why an LPA could be rejected:
1. Using the wrong forms
There are two types of LPA but many people use the wrong one accidentally. For example, they complete the health and welfare form, when they meant to use the property and finance form.
Another common mistake is using an out-of-date version of the LPA forms or mixing up both types of LPA applications.
2. Not providing full names
You will need to provide your full name including middle names – not just your initials and surname. Full addresses and dates of birth should also be included.
3. Signing the form in the wrong order
On the form you will be told in what order people need to sign the LPA. The donor (the person whom the LPA concerns) must sign the LPA first, then the certificate provider, then the attorneys, and thereafter, the person registering the LPA must sign again (either the attorney or the donor).
4. Missing out information
Your LPA must be complete and not missing any information. This includes the date, if the date is illegible the LPA will be rejected. If signatures or other details are missing, the LPA is legally invalid and will not be registered.
It is important to always check the page numbers to ensure every page is there and that all signatures have been dated and witnessed.
5. Invalid witnesses
Signatures on an LPA have to be signed and witnessed. Make sure the witnesses you choose are valid. For example, an attorney cannot witness the signature of a donor because there is a conflict of interest.
6. Contradicting requests
A donor cannot appoint attorneys to make decisions for them and then include instructions in the LPA that contradict this.
For example, if attorneys are acting ‘jointly and severally’ as appointed by the donor in the LPA, they cannot then be instructed to make decisions by the majority vote.
7. Using pencil or Tippex
If you use pencil or Tippex, the Office of the Public Guardian which is the governing body that validates the LPA, cannot tell how (or whether) it has been amended, and who did it. Applications with pencil or Tippex amendments will be rejected by the Office of the Public Guardian and could result in the whole LPA having to be re-signed.
Would you like help with an LPA?
Our Wills, Trusts and Probate Team can help you prepare the LPA document so you can rest assured it is valid and completed correctly for when it is needed.
Call our team on 01772 799 600.
Article by Victoria Harcourt, chartered legal executive.
