Read more articles in: Blog, Linsey Graham, Private Client

How to ensure your lasting power of attorney (LPA) application is successful

Applying for a Lasting Power of Attorney (LPA) ensures trusted individuals can make decisions on your behalf if you lose the ability to do so.

Yet, recent figures from the Office of the Public Guardian (OPG) reveal the challenges involved, with over 50,000 LPA applications rejected in 2023/24.

This means thousands of applicants faced delays, additional costs, and the frustration of starting over.

Understanding the LPA process and avoiding common mistakes is key to ensuring your application is accepted.

What is a lasting power of attorney (LPA)?

An LPA is a legal document allowing someone you trust to act on your behalf if you cannot make decisions yourself.

There are two types:

Financial LPAs, which deal with property, bills, and other financial matters,
Health and welfare LPAs, which cover medical care, living arrangements, and daily routines.

These are legal safeguards, but they come with a complex application process that demands precision.

Why are LPA applications rejected?

The OPG’s data highlights why many applications fail.

Mistakes in completing forms, incorrect or out-of-order signatures, and a failure to follow strict guidelines are all common issues.

For instance, each signature must be completed in a specific order, and the witnessing process must be conducted correctly.

Even minor errors, such as misspelt names or missing dates, can result in rejection.

Additional challenges arise when instructions or preferences are unclear, leaving your attorneys without proper guidance or rendering the LPA invalid.

These issues lead to delays and additional fees, as a new application must be submitted.

How can we help?

Given the high stakes, many people turn to solicitors to ensure their applications are handled correctly.

Our team can provide you with invaluable support, including ensuring the paperwork is accurate and error-free.

We can also manage the signing process, ensuring it complies with legal requirements, and handle the submission to the OPG to avoid unnecessary delays.

If you wish to include specific instructions or preferences, we can help draft them in a way that is both clear and legally enforceable.

Why use professional support?

Completing an LPA without professional help can be time-consuming and stressful, particularly if you are unfamiliar with legal documentation.

By using our services, you save time and gain peace of mind, knowing your application has the best chance of being accepted.

Tips for avoiding rejection

Avoiding rejection starts with careful planning.

Double-check the forms for accuracy, and ensure witnesses meet the required criteria.

The signing process must follow the correct order, with all signatures properly witnessed.

While it is possible to complete an LPA yourself, our professional advice can make all the difference in avoiding costly errors.

A rejected LPA can cause unnecessary stress and delay.

By working with us, you can ensure your application is accepted the first time, giving you confidence that your wishes will be respected if you lose capacity.

Contact us today to arrange a consultation and let our experts guide you through this important process.