LPA forms have strict requirements. Mistakes — even small ones — can cause delays or mean the form is rejected by the Office of the Public Guardian. Here are the most common mistakes to avoid.
Not starting soon enough
An LPA can only be made while you have mental capacity. Many people delay until it is too late. Start while you are well.
Choosing the wrong attorneys
Your attorney must be 18 or over, have mental capacity, and be someone you genuinely trust. Think carefully before appointing jointly if attorneys may disagree.
Errors on the forms
The OPG forms have strict requirements. Crossing out, correcting in the wrong way, or missing sections can result in the form being returned.
Signing in the wrong order
LPA forms must be signed in a specific order. The donor signs first, then the certificate provider, then the attorneys. Getting this wrong invalidates the document.
Witness rules not followed
The donor's signature must be witnessed by someone who is not an attorney, or replacement attorney, and must be 18 years or older, and can be the donor's spouse or partner.
Forgetting the certificate provider
The certificate provider is very important in declaring the donor has the mental capacity, and can understand independently, what they are signing, and is not being forced into doing it. Ideally a certificate provider will speak to the donor separately, and privately, before signing and witnessing the LPA application. The certificate provider must not be related to the donor, or attorney, must be aged 18 or over, have known the donor for at least two years, and not be classed as an employee of the donor, or attorney. The certificate provider can be a professional, such as a doctor, solicitor, registered social worker, or an independent mental capacity advocate.
Not registering the LPA
An unregistered LPA cannot be used. LPA Assistance will quality review each LPA Application to ensure there are no mistakes, and will then post the signed LPA Forms to the Office of the Public Guardian, using the Royal Mail Tracked Service, to ensure they are received by the OPG. It can then take five or six weeks for the OPG to request payment and then undertake the LPA Registration process.
Misunderstanding the OPG fee
The OPG Fee is separate from the LPA Assistance Fee and once the LPA Applications have been received the OPG will send a text to the donor's mobile phone requesting payment is made either on-line or by sending a cheque. Currently the OPG Fee is £92 for each Application. The OPG also offer reduced fees and if requested we can offer suitable advice and guidance to explain what information is required by the Office of the Public Guardian where the Donor is in receipt of a range of means tested benefits, and wishes to apply for an exemption and remission from the OPG of Application Fees.
How our assistance helps: We guide you through each section of the form in plain English, explaining the signing order, witnessing requirements and registration process so you can avoid these common pitfalls.