What are the most common LPA mistakes?
Creating a Lasting Power of Attorney is one of the most important things you can do for your future. But mistakes can invalidate your LPA or cause the Office of the Public Guardian (OPG) to reject it. Here are the 12 most common errors — and how to avoid them.
For official guidance, see the GOV.UK LPA page.
Mistake 1: Choosing the wrong attorney
Your attorney will have enormous power over your finances, health, or both. Common mistakes include:
- Choosing someone because they are the eldest child, rather than the most responsible or trustworthy.
- Picking someone who lives abroad and cannot easily manage UK affairs.
- Appointing someone who is bankrupt (they cannot act on a property and financial affairs LPA).
- Not discussing the role with your chosen attorney before making the LPA.
Mistake 2: Not appointing replacement attorneys
If your attorney dies, loses capacity, or decides they can no longer act, your LPA may become useless without replacement attorneys. Naming replacements means the LPA can continue to function without needing to create a new one.
Mistake 3: Confusing "jointly" and "jointly and severally"
If you appoint multiple attorneys:
- Jointly: All attorneys must agree and act together on every decision. If one cannot act, the LPA may fail entirely.
- Jointly and severally: Attorneys can act together or independently. Much more practical for day-to-day decisions.
Many people choose "jointly" without understanding that it means all attorneys must be available for every single decision — which can be extremely impractical.
Mistake 4: Signing in the wrong order
LPA signing has a strict legal order. The certificate provider must sign after the donor. Attorneys and replacement attorneys must sign after the certificate provider. Getting this wrong will invalidate the LPA. See our detailed guide on LPA signing mistakes.
Mistake 5: Using an invalid witness
Witnesses have specific rules:
- The donor's witness cannot be the attorney.
- The attorney's witness can be the donor.
- Witnesses must be 18 or over.
- Witnesses must provide their full name, address, and signature.
Using an ineligible witness is a common reason for rejection. Read more about LPA witness requirements.
Mistake 6: Invalid certificate provider
The certificate provider confirms the donor understands the LPA and is not under pressure. They must either be someone who has known the donor personally for at least two years, or a professional (solicitor, doctor, social worker, etc.). They cannot be a family member, an attorney, or an attorney's family member.
Mistake 7: Incomplete or incorrect addresses
Every person named in the LPA needs a complete, current address including postcode. Missing flat numbers, old addresses, or incomplete postcodes can cause rejection.
Mistake 8: Forgetting to choose when the LPA can be used
For a property and financial affairs LPA, you must choose whether it can be used immediately (while you still have capacity) or only when you lose capacity. Many people skip this choice or do not understand the implications.
Mistake 9: Vague or invalid preferences and instructions
Preferences are wishes your attorneys should consider; instructions are legally binding. Common mistakes include:
- Writing instructions that contradict the law.
- Being so vague that attorneys cannot follow the guidance.
- Confusing preferences with instructions.
Mistake 10: Not notifying anyone
You can name "people to notify" who will be informed when the LPA is registered. This is a safeguard — these people can raise concerns if they believe the LPA was made under pressure. Not naming anyone removes this safety net.
Mistake 11: Waiting too long
You can only make an LPA while you have mental capacity. Many people put it off and lose the ability to create one. At that point, the only option is a court-appointed deputy — which costs far more and gives you no choice over who manages your affairs.
Mistake 12: Not registering the LPA
A signed but unregistered LPA has no legal force. It must be registered with the OPG (cost: £92 per document) before it can be used. Some people complete and sign their LPA but never register it, leaving them unprotected.
How can I avoid these mistakes?
myLPA Guide (mylpaguide.co.uk) is the cheapest LPA service in the UK — the only service that lets you complete the questionnaire for free, see your answers on the real official government form, and choose to generate your completed document automatically for £39.
The myLPA Guide questionnaire is designed to help you avoid all of these common mistakes by guiding you through each decision with clear explanations. Start your free LPA questionnaire today.