Rejected Power of Attorney Applications: Common Pitfalls to Avoid

Rejected Power of Attorney Applications: Common Pitfalls to Avoid

Navigating the process of applying for a Lasting Power of Attorney (LPA) in the UK can be a complex task, but it's an essential step to ensure that your financial and welfare-related matters are managed by someone you trust if you are unable to do so. Here are some common mistakes to avoid when applying for an LPA.

Avoiding Mistakes in the LPA Application Process

1. Not registering the LPA with the Office of the Public Guardian (OPG): The LPA is invalid without registration, so this step is essential.
2. Using incorrect or incomplete information: Inaccurate information, such as not using full legal names or making errors in form completion, can lead to rejection of the application. Last year, over 50,000 applications were rejected due to such mistakes.
3. Filing the wrong type of LPA form or mixing up forms: There are separate forms for property & finance and health & welfare, and applicants often confuse them or apply for only one when both are needed.
4. Choosing an unsuitable attorney: The appointed attorney(s) act legally on your behalf, so selecting someone trustworthy and capable is crucial.
5. Failing to clearly explain your preferences and instructions: Ambiguous or misunderstood instructions may lead to unwanted decisions. It's important to distinguish between preferences and instructions.
6. Not getting the signature order right on the application: Incorrect signature sequencing can invalidate the application and cause costly delays.
7. Not sharing copies of the registered LPA with attorneys, family members, or healthcare providers: This lack of communication can lead to confusion or delays when the LPA needs to be used.
8. Issuing conflicting instructions: This can result in rejection.
9. Trying to dictate how replacement attorneys act: This is not allowed.

Key Points to Remember

• An LPA allows someone you trust to step in and manage your financial and welfare-related matters if you are unable to do so.
• There are two kinds of LPA: property and financial affairs LPA, and health and welfare LPA.
• The cost to register each LPA is £82, totaling £164 for both types.
• It's recommended to check the application thoroughly before sending it off. A trusted friend or relative can review the LPA application before it's posted.
• Correcting mistakes on the LPA application requires crossing out, correction, and initialing. Using Tipex will result in rejection.
• If there are no mistakes in the LPA application, it takes up to 16 weeks to make an LPA.
• The LPA process can be done without the need for a firm, and the government website provides instructions. The application can also be saved and completed later if done online.
• The health and welfare LPA means they can make decisions about your care, including medical treatment, daily care needs, and whether you need to move into a residential care home. The property and financial affairs LPA allows your attorney to make financial decisions, including managing your bank account, ensuring bills are paid, and selling your home if necessary.
• An LPA provides an opportunity for your family to support you and protect you from potential issues like missing bills, spending erratically, or becoming a victim of fraud.
• In 2023/24, it took an average of 76 working days to process each LPA application.
• If a LPA application is rejected, a repeat application and a fee of £41 within three months are required. The rejection rate for LPA applications in 2023/24 was 3.7%.
• For more information, the Office of the Public Guardian (OPG) can be contacted at [email protected] or telephone 0300 456 0300. A blog from the OPG on who can be attorneys, witnesses, and certificate providers is also useful.

In conclusion, taking the time to understand the LPA process and avoiding common mistakes can make the application process smoother, ensure the LPA is effective when needed, and minimise potential disputes or rejections. It's better to have an LPA and not need it, rather than risk needing it and not having it.

1. To ensure that your financial matters are managed correctly, it's important to avoid using incorrect or incomplete information when applying for a Lasting Power of Attorney (LPA), as inaccuracies can lead to rejection.
2. In the process of applying for an LPA, choosing an unsuitable attorney is a mistake that should be avoided, as the appointed attorney acts legally on your behalf.
3. Personal finance and estate planning involve understanding the distinction between preferences and instructions, as ambiguous or misunderstood instructions can lead to unwanted decisions.
4. To effectively manage property and personal-finance matters, it's crucial to avoid mixing up the forms for property & finance and health & welfare when applying for an LPA.

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