5 reasons Lasting Powers of Attorney applications are rejected
Almost 30,000 Lasting Powers of Attorney (LPA) applications were rejected by the Office of the Public Guardian (OPG) between 2022-2023. 60% of which were applications for Financial and Property LPAs.
Here are 5 reasons an LPA might not be successfully registered by the OPG:
1. Missing information
This can include signatures and the date, both of which are required to make the document legally binding. There are lots of pages so make sure you check thoroughly to make sure there are no blank pages.
2. Full names and dates of birth not provided
Don’t reduce this to initials and surname. Middle names must be included as well as full addresses and all dates of birth.
3. The form is signed in the wrong order
There is a clear order the form must be signed in: The donor (person appointing attorney(s), then the certificate provider, then the attorney(s). Then the person registering the LPA with the OPG must sign again, which is either the donor or the attorney.
4. Incorrect witnesses
Similar to a Will, the LPA document has to be signed and witnesses. However, an attorney can’t witness the signature of a donor due to the potential conflict of interest.
5. Requests are contradictory
Where there is more than one attorney appointed, the donor can request for attorneys to act ‘jointly’, meaning they must agree on each decision, or ‘jointly and severally’ meaning attorneys can make decisions individually or together.
If the donor includes instructions that contradict the decision making stated, the application will be rejected.
An example of this would be if you appointed three attorneys to act ‘jointly and severally’ you cannot then instruct them to make decisions by a majority vote.
It is currently taking around 4 months to register an LPA with the OPG, an awfully long time to wait if you are in a position where you need an attorney to act for you. 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 peach of mind.
We are also on hand to answer questions and talk through any instructions you may want to include, as well as provide support to your attorneys to ensure they are acting in your best interests and in line with your wishes to the best of their ability.
For a relaxed chat about your circumstances, please don’t hesitate to give us a call on 0117 3636 212 or email office@haroldstephens.co.uk.