Stay with me on this, there is method in the title. Today’s blog is in direct response to a plea from a close friend, asking me to raise awareness of the importance of checking all details of a Lasting Power of Attorney application. If any errors are present the form will be rejected by the Office of the Public Guardian with potential additional costs incurred in re-application.

It sounds simple and obvious, but LPA forms need close attention to detail. I have heard of errors where friends act as Certificate Providers and the signing process becomes a social interaction rather than formal affair, leading to the title of the blog.

It is OK for a friend to be a Certificate Provider as long as the person has known the donor for at least two years as more than a simple acquaintance; it is not OK for the signatory process to be treated any less seriously because it is an interaction between friends. Without close attention to detail things are easy to miss, for example completing the address boxes as well as the signatory box. One way to avoid this is ensuring you have your LPA thoroughly checked before it is sent to the Office of the Public Guardian; checking is part of the LPA service I offer and can save both time and money.

The top errors noted in OPG hints & tips to getting it right first time are summarised below:

1. Missing and mixing pages

Pages mixed from more than on application or pages missing.

2. Signing the application in the wrong order

The donor needs to capture their wishes first and appoint attorneys, then the certificate provider needs to certify that the donor can make the decision to create the LPA, and the attorney must agree to act. The applicant, either donor or attorney, signs section 15 at the end.

3. Family members as certificate providers

A certificate provider cannot be the son or daughter of anyone involved, even if the name is different.

4. Using initials instead of full names and not signing in the appropriate boxes

Make sure you sign the box not the sticky label if provided by your LPA Consultant. Signatures must be in the right box and witnessed. The witness must write full name and address as well as sign.

5. Pencil, Tippex and photocopies

If it is unclear an LPA will not be registered. Use black ink and witness any amendments in the traditional way. Photocopies are not accepted unless they are certified.

6. Bound applications

LPAs are scanned by the OPG, this cannot be done if the LPA application is bound or stapled. You can bind the final validated LPA once it is returned to you if desired.

7. Being unclear in the life sustaining treatment section

This isn’t just a tick box on the health and welfare form. You need to specify exactly what decisions your attorney can make, if this isn’t clear or has contradictory instructions the OPG cannot process the application. Please make sure the correct box is ticked, that it’s signed on or before section 9 and that it is filled in correctly.

8. Contradictions in instructions and appointment types

The OPG reports receiving LPA applications which contain some unlawful instructions. There are many legal cases on what is an unlawful instruction and you are advised to seek legal advice on any instructions you want to include in your LPA to ensure it is lawful. The OPG has a statutory duty to seek guidance from the Court of Protection if they see what they believe to be an unlawful instruction. This won’t always invalidate your LPA, but it will slow down the process of registering it.

If you are interested in making your LPA and would like to learn more about how I can support the process contact me. I would be delighted to answer any queries you may have free of any obligation and, should you wish to proceed, offer a full consultancy, drafting and checking process to make sure you get it right the first time.

I look forward to hearing from you.

Clare

Twitter: hints & tips on signing your LPA compliments this blog with more detail on how to sign your LPA.