A Lasting Power of Attorney (LPA) application can be a daunting process,especially when done without professional assistance.. According to a recent report, the Office of the Public Guardian (OPG) rejects many applications due to simple errors, causing significant delays and stress for the applicants.

One frequent pitfall involves the formatting of personal details. The OPG expects full, unambiguous information, and abbreviating a country name like 'USA' for an address in New York has led to rejections, with legal experts describing some reasons as 'ridiculous'. It is far safer to write out full names and addresses exactly as they appear on official documents.

The $30 million mistake: What happens when you get it wrong

A single oversight can lead the OPG to reject an application, causing significant delays and stress. Many of these errors are easily avoidable with careful preparation. For instance, while the OPG may not initially flag an incorrect date of birth, this mistake can create major problems later.

A bank or other institution may refuse to accept the LPA when you try to use it, precisely because the document contains a discrepancy. Another critical area is the correction of errors. If you make a mistake on the form,do not simply write over it or use correction fluid (like Tipp-Ex) or a pencil.

The correction conundrum: What not to do

The prescribed method is to draw a single neat line through the error and write the correct information clearly above or below it. The person making the correction must initial next to the change. This rule is especially important for dates, as the OPG is particularly strict about any alterations to signing dates.

Changing a '2' to an '8', for example, is a common blunder that will result in rejection. Furthermore, you must never correct an error made by another person on their behalf; only the original signatory can amend their own mistake.

The witness conundrum: Who can and can't sign

Choosing the correct witnesses and certificate provider is governed by strict impartiality rules. The donor cannot witness any attorney's signature,and attorneys cannot witness the donor's signature (though they can witness each other's). All witnesses must be at least 18 years old.

The certificate provider's role is even more regulated; they must confirm your mental capacity and that you are acting free from pressure. A wide range of people are ineligible, including family members, spouses, the attorneys themselves, and their families. If using a personal certificate provider (like a long-term friend), they must have known you for at least two years.

The signing sequence: A non-negotiable rule

The sequential order of signatures and dates on the form is non-negotiable. The sections must be completed in a specific sequence, and signing them out of order is a top mistake that leads to rejection, even when detailed instructions are provided.

According to the Office of the Public Guardian, the most common reasons for rejection include:

  • Personal detail discrepancies
  • Improper corrections
  • Illegal instructions
  • Witness selection errors
  • Incorrect signing sequences