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Errors made in applications to register Lasting Powers of Attorney (LPAs) are estimated to have cost families a staggering £5 million in fees, new data reveals. Reasons for rejections include the parties signing the forms in the wrong order and unclear handwriting. If the errors are not corrected within three months a new registration fee must be paid.
A total of 133,760 LPA registrations were rejected in England and Wales in 2024, out of a total of nearly 1.5 million applications. That was a 199% rise in rejections compared to 2021, according to Laura Miller of MoneyWeek.
These figures highlight the critical need for individuals to ensure their LPAs are correctly and neatly prepared and executed. With rejection rates climbing, it's clear that even small errors in the documentation or the signing process can have significant financial and emotional consequences for families. In particular, the strict order in which parties must execute LPA documents is a common stumbling block, often leading to costly and time-consuming rejections. In some cases the LPAs are rejected if the person dealing with the registration at the Office of Public Guardian (OPG) considers that a name, address or date is not written sufficient clearly, which is a subjective judgment and can lead to inconsistent outcomes.
Given the complexities involved, instructing a qualified solicitor is highly advisable. A solicitor can guide you through each stage, ensuring all legal requirements are met and the paperwork is completed in the precise order demanded by the OPG. This professional oversight helps safeguard your interests and gives families peace of mind that their wishes will be respected if they lose mental capacity in the future.
Ultimately, whilst it may be tempting to take a do-it-yourself approach to LPAs, the risks of inadvertently making an error are significant. Seeking expert legal advice is a sensible investment that can prevent unnecessary stress, expense, and uncertainty for you and your loved ones.
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