Richard Higgs, Chartered Independent Financial Planner
Almost 30,000 Lasting Powers of Attorney (LPA) applications were rejected by the Office of the Public Guardian (OPG) between 2022-2023.
Here are 5 common reasons an LPA application might be rejected:
1. Missing information which can include signatures and the date, both of which are required to make the document legally binding. Make sure you check thoroughly to make sure there are no blank pages.
2. Full names and dates of birth not provided. Middle names must be included as well as full addresses and all dates of birth.
3. The form is signed in the wrong order. The donor (person appointing attorney(s) must sign first, then the certificate provider, then the attorney(s). Then the person registering the LPA with the OPG must sign again – the donor or the attorney.
4. Incorrect witnesses. Like a Will, the LPA document must be signed and witnessed. An attorney can’t witness the signature of a donor due to the potential conflict of interest.
5. Requests are contradictory. A donor indicates how decisions should be made by attorneys – agreeing together or singularly. No instructions within the LPA should contradict this principal. E.g. majority voting would not be allowed.
It is currently taking around 4 months to register an LPA with the OPG. If your application is rejected, not only will you have to apply again but you will also have to pay another fee to do so!
If you need assistance with applying for LPAs, we can help you. We offer a checking service to ensure mistakes such as these are identified ahead of submitting the application and can organise all the forms and sending of documents to the OPG for your peace of mind.
For a relaxed chat about your circumstances, please don’t hesitate to give the team at Harold Stephens a call on 0117 3636 212 or
email office@haroldstephens.co.uk.
