Lasting Power of Attorney Mistakes to Avoid

A Lasting Power of Attorney (LPA) is one of the most important legal documents you will ever create — and one of the easiest to get wrong. Small errors can invalidate the entire document, cause months of delay, or leave your attorney without the authority they need when it matters most. Here are the most common LPA mistakes and how to avoid them.

Mistake 1 — Signing in the Wrong Order

The LPA document must be signed in a specific order: donor first, then the certificate provider, then the attorneys. If anyone signs out of sequence, the document is invalid and the entire process must be restarted. This is the single most common reason LPA applications are rejected by the OPG.

Mistake 2 — Leaving Registration Until It Is Needed

An unregistered LPA is worthless. Many people sign their LPA documents and put them in a drawer, intending to register "when the time comes." The problem is that registration takes 8–20 weeks — and if the donor loses capacity before registration is complete, there is an agonising wait before the attorney can act. Register your LPA as soon as it is signed.

Mistake 3 — Choosing the Wrong Certificate Provider

The certificate provider must be independent — they cannot be a family member, a business partner, or anyone who might benefit from the LPA. They must either be a professional (solicitor, GP, social worker) or someone who has known the donor personally for at least two years and is not connected to the attorneys. Using an ineligible certificate provider invalidates the LPA.

Mistake 4 — Not Considering Replacement Attorneys

What happens if your chosen attorney dies, loses capacity, or becomes unwilling to act? Without a named replacement attorney, the LPA may fail entirely. Always consider naming at least one replacement attorney when creating your LPA, particularly if you only have one primary attorney.

Mistake 5 — Joint Rather Than Joint and Several

If you appoint multiple attorneys to act "jointly," they must agree on every single decision — a significant practical obstacle. "Jointly and severally" means they can act independently or together. Most people appoint attorneys jointly and severally for flexibility, with a requirement to consult each other on major decisions written as guidance rather than a strict restriction.

Mistake 6 — Creating Only One Type of LPA

A Property and Financial Affairs LPA gives no authority over health and welfare decisions. A Health and Welfare LPA gives no authority over financial matters. They are completely separate documents. Most people need both — creating only one leaves a significant gap in protection.

Mistake 7 — Not Telling the Attorney Where the LPA Is Kept

The registered LPA document must be presented to banks, medical providers, and other organisations before they will accept the attorney's authority. If the attorney does not know where the document is — or cannot find it in an emergency — they cannot act. Tell your attorney where the document is stored, and consider making certified copies.

Mistake 8 — Waiting Until After a Diagnosis

While it is still possible to create an LPA after a diagnosis of dementia or other capacity-affecting condition — provided the donor has capacity at the time of signing — the window can close quickly. An LPA created under time pressure is more likely to contain errors and more likely to face challenges. Create it while you are well.