Making an LPA Yourself, Common Mistakes and Pitfalls
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Filling out and completing a Lasting Power of Attorney
An LPA is a legal document that you (the Donor) make using a special form. the Donor (the person making the LPA) signing and dating the LPA form; or; the.
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The pitfalls in preparing a lasting power of attorney LPA are all too many for anyone who wants to give another person power to act on his behalf, in relation to his property and financial affairs. This might be to deal with unforeseen circumstances, such as sudden illness, incapacity or simply for convenience. LPAs, however, are lengthy and cumbersome to complete – uncrossed boxes, failing to complete all parts of the form, signatures not properly witnessed or names, addresses and dates of birth omitted are among the most common defects.
On registration there were two difficulties: a his son objected and b the Office of Public Guardian OPG rejected the application as the solicitor who provided the certificate of the donor’s mental capacity had not crossed the first of the two boxes at the beginning of the certificate to confirm that he was not disqualified from providing it. On 1 May Mr Baker created another LPA, and unfortunately the solicitor repeated the same mistake on the certificate. Mistakes in LPAs generally come to light within a few months of their creation, when an application to register is made and queries are raised.
The process for making and registering your LPA is lengthy. The signing and dating must be in the right order, which can be tricky considering.
If you are a company director, partner or sole trader, then you will have invested a lot of time, money and effort into your business. Have you considered protecting your interests in the event that you are not able to make decisions? Despite the stereotype that people who lose capacity are elderly and retired, this is not always the case.
Furthermore, incapacity is not only caused by mental illness, but could be caused by physical injury or if you are merely out of the country and not contactable. If any of these situations are to occur to you, unless you have appointed a Business Guardian to deal with finances, the cost and disruption to your business could be enormous. Furthermore, the ability to enter into future contracts will be lost. If you did want to appoint a Business Guardian, they should be trustworthy and understand the particular workings and dynamics of your business and how you would like it to be run.
What is a Lasting Power of Attorney, or LPA?
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This guide gives you information about making and registering your lasting power of attorney LPA. You can start filling in your LPA form and look at the guide if you need more information. You need mental capacity to make an LPA. There are two kinds of LPA, covering two kinds of decisions:.
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Once you have completed your lasting power of attorney forms, you must sign them, along with attorneys, replacement attorneys, witnesses and your certificate provider, before you can register them. Signing should take place as soon as possible after you have made the LPA. Provided that you signed an LPA while you had mental capacity, it can be registered after you lose capacity by your attorneys. However, we would reccomend not leaving registration until you have lost mental capacity for two reasons:.
If there are mistakes on the form, or if it has not been signed and witnessed correctly, then it is likely to be rejected. Having lost capacity, you won’t be able to make another LPA.
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The Office of the Public Guardian receive a large number of Lasting Power of Attorney applications from individuals as well as professionals. You can avoid mistakes being made with our checking service to ensure that none of the usual mistakes are made. Another common mistake is using an out of date version of the Lasting Power of Attorney forms or mixing both types of Lasting Power of Attorney applications up.
Half way through the application you may forget the full names of individuals involved. You may even sign the form where someone else should have signed. This page is treated very seriously by Parliament, the Courts and doctors.
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Please note that this Briefing Note is not maintained, and reflects the law as at the date of publication or update. This Briefing Note should not be relied upon as legal advice and you should contact us for advice on your specific circumstances. It allows you to choose someone now the attorney that you trust to make decisions on your behalf about things such as your property and financial affairs or health and welfare at a time in the future when you no longer wish to make those decisions or lack the mental capacity to make those decisions yourself.
Anyone aged 18 or over, with the legal capacity i. An attorney is the person s you choose and appoint, using an LPA form, to make decisions on your behalf about either your health and welfare or property and financial affairs or both. It is an important role and one that the person you choose has to agree to take on. You can appoint one or more attorneys. If you appoint more than one, you may require them always to act:. You may even appoint them to act jointly for some things and severally for others, although this should only be done after taking legal advice as it may cause practical problems.
You may also appoint a successor to your attorney in case they die or otherwise cannot serve as your attorney. A donor is someone who makes an LPA appointing an attorney s to make decisions about his or her health and welfare, property and financial affairs or both.
Lasting Powers of Attorney (LPAs)
Lasting Powers of Attorney LPA are complex legal documents and care must be taken when drafting them to ensure they are completed correctly. The forms are largely very similar, so it can be easy to accidentally use the wrong form. Another common mistake is to mix up the pages of a form when putting them all together. To avoid making this mistake make sure you check the bottom right corner of every page before sending your LPA to the OPG. This shows what type of form the page belongs to:.
We explain mistakes people make when writing an LPA and explain the pitfalls to avoid. For initial advice call Co-op Legal Services on
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Check how the attorneys are appointed by looking at section 4 of the LPA form. You must give your name(s) and date(s) of birth exactly as they appear on the LPA.