Why do signing mistakes matter?
Signing is the most critical stage of creating a Lasting Power of Attorney. The OPG is strict about signing requirements because signatures are what give the LPA its legal force. A single signing error can invalidate the entire document, requiring you to start over and pay another £92 registration fee.
What is the correct LPA signing order?
The LPA must be signed in this exact order:
- Step 1: The donor signs — Section 9 of the LPA. A witness must sign immediately after the donor.
- Step 2: The certificate provider signs — Section 10. This must happen on the same day as or after the donor's signature, never before.
- Step 3: Each attorney signs — Section 11. Each attorney signs separately, with their own witness. This must happen on the same day as or after the certificate provider's signature.
- Step 4: Each replacement attorney signs — Also Section 11. Same rules as for attorneys.
The dates on each signature must reflect this order. If the certificate provider's date is before the donor's date, the LPA will be rejected.
What are the most common signing mistakes?
Signing out of order
This is the single most common signing error. People often gather everyone together and sign at the same time without paying attention to the required order. Even if everyone signs on the same day, the order matters.
Missing witness signatures
Every signature on the LPA must be witnessed. Forgetting to have a witness sign, or forgetting to have the witness provide their full name and address, will cause rejection.
Using an ineligible witness
The donor's witness cannot be any of the attorneys named in the LPA. Anyone else aged 18 or over can be the donor's witness. Each attorney needs their own witness — this can be the donor, another attorney, or any other adult.
Date errors
Dates must be consistent with the signing order. Common date errors include:
- The certificate provider's date being earlier than the donor's date.
- An attorney's date being earlier than the certificate provider's date.
- No date being written at all.
- Using American date format (month/day/year) instead of UK format (day/month/year).
Using correction fluid
If you make a mistake, do not use correction fluid (Tippex). Instead, cross out the error with a single line, write the correction, and have all relevant parties initial the change. Heavy corrections or the use of correction fluid can lead to rejection.
Signing the wrong section
Each person must sign in their designated section. The donor signs Section 9, the certificate provider signs Section 10, and attorneys sign Section 11. Signing in the wrong section will cause problems.
Can everyone sign on the same day?
Yes, as long as they sign in the correct order. Having everyone available on the same day is often the most convenient approach — just make sure the donor signs first, followed by the certificate provider, followed by the attorneys.
What if an attorney lives far away?
Attorneys do not need to be physically present when the donor signs. They can sign their section later (but not before the certificate provider). You can post the LPA to remote attorneys for signing, as long as the dates reflect the correct order.
How can I avoid signing 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.
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