Lasting Power of Attorney – costly errors and how to avoid them

A lasting power of attorney (LPA) is one of the most important documents you will ever fill out. It’s what lets you nominate people to look after your affairs should a time come when you cannot do it yourself.

This article is for information only and not legal or financial advice. If you’re not sure what’s right for you, a solicitor or financial adviser can help.

We’re looking specifically at LPAs in England and Wales. If you live in Scotland or Northern Ireland, there are different rules. You can find out more from your local government’s website.

For Scotland, see the Office of Public Guardian.

For Northern Ireland, see Northern Ireland Direct.

Understanding LPAs and why you want to avoid mistakes

There are two different kinds of LPA – one for property and financial affairs and one for health and welfare. You can have either or both. But it’s important to know that the application process can be complex.

Data from the Office of the Public Guardian shows that tens of thousands of applications are rejected each year. Full data for the 2024/2025 tax year shows that just shy of 50,000 applications were rejected and that provisional figures for 2025/26 showing almost 40,000 applications shared the same fate.

Making mistakes on the form can mean that the form needs to be returned and amended, causing delays and even incurring fees. It’s important to read through the form carefully and take your time when filling it out to avoid this happening.

Why LPAs matter at any age

Lasting powers of attorney are not just for the elderly.

It can just be really useful to have a trusted person manage your affairs, for instance if you were to be out of the country for an extended period. It’s also worth remembering that you can also fall ill at any age and you may need someone there to help make sure your bills are paid and that you get the standard of care you want.

If you’re deemed to have lost mental capacity and there’s no LPA, then your loved ones may struggle to access accounts. They could even be forced to take out a deputyship order with the Court of Protection, a complex and costly process.

Choosing your attorney

Once you decide to get a power of attorney, then it’s a good idea to discuss your wishes with your loved ones in advance.

If you want to appoint someone as your attorney, you really need to tell them first. It’s a big responsibility, and they will likely have a lot of questions about your wishes. It also gives them the chance to consider whether they’re willing and able to act as your attorney. If they aren’t then you have time to talk to someone else.

You may wish to speak to a solicitor when setting up the LPA. You can also do it online or print off the forms and fill them in yourself. Registering a LPA costs £92. If you have them for both finances and health, then you pay £92 for each of them, though you can apply for a reduction or exemption if you are on a low income.

Key things to look out for

An attorney must be over the age of 18 and should be someone that you know well. Before asking them to be your attorney, think carefully about how they manage their own affairs. You need to be able to trust them to make decisions on your behalf.

You can also have more than one attorney. In terms of how they make decisions, they can do it jointly – in which case, all attorneys must agree on a course of action. The other option is to do it jointly and severally – this means that attorneys can make decisions on their own, but also together.

Attorneys must always make the decision with the donor’s (your) best interest in mind. Wherever possible, the donor should be included in the decision-making process.

It’s important that the attorneys understand the donor’s views and wishes when it comes to how financial decisions are to be made and how they would wish to be cared for.

Several parties need to sign a LPA. These include the donor and the attorney.

But you will also need a certificate provider – this is someone known to the donor who can sign to say that the donor understands their actions and isn’t being coerced. This person must have known the donor for at least two years and not be an attorney or related to the donor or the attorney.

An example could be a family friend or neighbour but not someone you work with. Signatures will also be witnessed, but attorneys can witness each other signing the document.

There are strict rules about the order in which a LPA must be signed and dated. Making a mistake could see the form returned. Also, make sure that you sign where specified and that you use full names where needed, not just initials.

Using either of these makes it difficult to see if a LPA has been amended and by whom. The preference is to sign in pen. You can also complete the forms online, which will really cut down on the potential to make mistakes.

You can put instructions and preferences in a LPA. These can include instructions like outlining how you would like to be treated when receiving life sustaining treatment as part of a health and welfare power of attorney or preferences like what kind care home you’d like to be placed in.

Be as clear as you can about what you want your attorney to do in these circumstances.

These application forms are long documents, and it’s really important to make sure that you don’t submit the pages in the wrong order or remove any pages from the application. This is particularly important if you’re submitting forms for both Financial Affairs and Health and Welfare LPAs. Check the numbering on each page before you submit the forms to the Office of the Public Guardian.

You cannot use a LPA until it has been registered with the Office of the Public Guardian. The donor can apply to register their own LPA, or the attorney can do it for them. It can take several weeks for an application to be registered. If your attorney has applied for it to be registered, then you will be told and have the opportunity to object.

If you still have mental capacity, you can remove an attorney. This can be done in a short statement to the OPG called a partial deed of revocation. More detail as to wording to use can be found here.

The LPA can be accessed online but can also be kept in paper form if needed. You can confirm that a copy of your LPA is genuine by certifying it. The attorney can then use the copy when dealing with various providers to prove that they are able to make decisions on your behalf. If you still have mental capacity, you can certify the copy yourself. Otherwise, a solicitor can do it for you.