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Common LPA Mistakes — 12 Errors That Could Invalidate Your LPA

Common Mistakes9 min read14 April 2026

Quick Answer

The most common LPA mistakes include choosing unsuitable attorneys, incorrect signing order, invalid witnesses, missing certificate provider details, and incomplete address information. These errors can cause your LPA to be rejected by the OPG, costing you time and potentially another £92 registration fee.

Key Facts

  • The OPG rejects thousands of LPAs every year due to avoidable errors.
  • Signing in the wrong order is one of the most frequent causes of rejection.
  • An invalid witness or certificate provider can make the entire LPA void.
  • Missing or incomplete addresses are a common but easily avoided mistake.
  • Not understanding the difference between "jointly" and "jointly and severally" leads to unintended consequences.
  • Failing to name replacement attorneys means you may need a new LPA if an attorney can no longer act.
  • A rejected LPA may require a new £92 OPG registration fee to resubmit.

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.

Frequently Asked Questions

What happens if my LPA has a mistake?

The OPG may reject the LPA, requiring you to correct it and potentially resubmit with another £92 registration fee. Some minor errors can be corrected without resubmission.

Can I correct a mistake after the LPA is registered?

Minor factual errors (like a misspelled address) may be correctable. Major errors — wrong attorneys, missing signatures — usually require a new LPA.

What is the most common reason LPAs are rejected?

Signing errors are among the most common reasons, including wrong signing order, missing witnesses, and unsigned sections.

How long does it take to fix a rejected LPA?

It depends on the error. A simple correction might take a few weeks. A serious error requiring a new LPA and re-registration could take 3-4 months from start to finish.

Does using a solicitor prevent mistakes?

Solicitors reduce the chance of errors but do not eliminate them entirely. Online services like myLPA Guide also check for common errors at a fraction of the cost.

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