Half way through the application you may forget the full names of individuals involved.You may even sign the form where someone else should have signed! It’s essential to have the documents checked over before sending the LPA documents for registration with the Office of the Public Guardian.
As there are two types of Lasting Power of Attorney (Property & Financial and Health & Welfare), many people accidentally use the wrong one. Many people use the Health & Welfare form when they meant to use the Property & Financial form. Using an out of date version of the LPA forms or mixing both types of LPAs up are also common mistakes.
This page is treated very seriously by the Law, the Courts and doctors. If you want your Attorney to make Life-Sustaining Treatment decisions, we explain where you must sign. If you do not wish for your Attorneys to make this decision, we will show where you must sign.
If the OPG consider a part of the form to contain something unlawful, they have a statutory duty to seek guidance from the Court of Protection.
The common statements they apply to refuse to register are:
a. Instructions to assist with suicide or criminal activity
b. Instructions in a Property & Financial Lasting Power of Attorney that relate to Health & Welfare matters and vice versa
c. Instructions to follow the decision of someone else who isn’t an attorney.
A common mistake that can make any legal document unworkable is contradiction i.e. writing ‘Do A’ on page 1 and ‘Don’t do A’ on page 2. This commonly happens in appointment types, by:
a. Appointing Joint & Several attorneys, then instructing them all to make decisions. You need to appoint Joint for some, Joint & Several for other decisions.
b. Appointing Jointly, but saying later that one has a casting vote, they can decide by majority or have different powers.
6. Missing pages
The OPG can’t register your Lasting Power of Attorney documents if pages are missing. We check the numbering for each document to ensure your LPA documents are accepted during registration.
7. Signing the Document in the wrong order
The dating of the document must be in a certain order. It’s a criminal offence to make a false statement on a Lasting Power of Attorney application.
8. Not enough signatures
For a document to be legally binding, it must be signed and witnessed. For LPA documents there are additional procedures. A Certificate Provider is needed and registering the document prior to use. If signatures or details (like a witness’s full name) are missing the document will be rejected during registration.
9. Mistakes crossed out, using the phrase N/A in blank spaces or next to a question
Even if mistakes are made and initialled, any of the above could invalidate the registration