50,000 lasting power of attorney applications rejected

More than 50,000 lasting power of attorney (LPA) applications were rejected by the Office of the Public Guardian (OPG) in 2023-2024 due to errors.

If there’s a mistake in your application, the OPG will return it, requiring you to re-apply and pay another fee. Processing times stretch up to 16 weeks for error-free applications, so any mistake can lead to significant delays – highlighting the importance of getting it right first time.

Here, we provide a breakdown of rejected LPAs by type, and offer our essential 'dos' and 'don'ts' to help you avoid common mistakes when completing your application. 

What is a lasting power of attorney?

Power of attorney (POA) is a legal document where one person (the donor) gives another person (the attorney) the right to make decisions on their behalf.

You can only set up a POA while you still have the ability to weigh up information and make decisions for yourself, known as 'mental capacity'.

A lasting power of attorney (LPA) is the most common arrangement in England and Wales, with separate documents used in Scotland and Northern Ireland. There are two types of LPA:

• Property and financial affairs: allows the attorney to make decisions about bank accounts, money management and property owned by the donor.
• Health and welfare: allows the attorney to make decisions about healthcare and medical treatment.

Find out more: power of attorney explained

50,000 LPAs rejected due to mistakes

We submitted a Freedom of Information to the Ministry of Justice, and found that 50,918 applications were rejected due to mistakes in 2023-24. 30,180 (60%) of these were related to property and financial affairs.

In the past five years, a total of 162,023 applications have been rejected.

• Find out more: how to set up a power of attorney

What happens if your LPA is rejected?

It costs £82 to register each LPA – so a total of £164 to register both a financial and property affairs LPA and a health and welfare LPA.

If you make a mistake, your LPA will be rejected and therefore won’t be legally valid. You'll then have to apply again within three months and pay a repeat application fee of £41. 

Even if your LPA is approved by the OPG, there may be hidden errors which could make it unusable in the future. 

For instance, if you appoint your friend Carole as an attorney but her name is entered as 'Carol' (missing the ‘e’), the OPG may still register it. However, when Carole presents the LPA at the bank, it might be rejected as it won’t match the name on her ID.

• Find out more: power of attorney problems revealed

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How long does it take to register a LPA?

Government data shows 1.16 million LPAs were registered in 2023, a 37% increase from the previous year and surpassing a million for the first time.

According to the OPG's latest report, covering April 2023 to March 2024, the average processing time for applications was 76 working days, or around 15 weeks. 

This is an improvement on the 91 working days (18 weeks) recorded in 2022-23, though still significantly longer than the OPG's target of 40 working days (eight weeks).

• Find out more: what's being done about power of attorney delays

Completing an LPA application – the do's and don'ts 

Filling out an application for LPA can be a complex process, and taking the time to get it right is essential. 

Follow these 'dos' and 'don’ts' to help ensure your application is processed smoothly.

DO use full names

Double check all names, birth dates, and addresses are correct for you and your attorneys. 

Using initials instead of full names, or omitting middle names and details, are common reasons for rejection.

DO check your witnesses are eligible

The document must be signed and witnessed, but parties often use witnesses who aren’t permitted. 

For example, an attorney cannot witness the donor’s signature due to a conflict of interest. If witness information is incorrect or missing, the LPA will not be registered.

DO make sure it’s signed in the correct order

The signing order is critical. The donor signs first, followed by the certificate provider, then the attorneys. 

Once this is complete, the person registering the LPA (either the attorney or the donor) must sign again.

Make sure all dates are correct and avoid signing the application page prematurely.

DON'T get the forms mixed up

Make sure you’re using the LP1F form for property and financial affairs, or the LP1H form for health decisions, and check that it’s the most recent version. 

Outdated forms or pages from different LPA types will lead to rejection.

DON'T use pencil or correcting gel

Only use black or blue ink as pencil and correction fluids aren’t allowed. 

If you make an error, cross it out neatly, write the correction beside it, and initial it. Each correction must be initialled by the person making it.

DON'T make contradictions

Avoid conflicting instructions. For instance, if attorneys are appointed to act 'jointly and severally,' don’t include instructions that require a majority vote. 

Conflicting instructions can make the LPA unworkable or invalid.

DON'T skip a thorough review

Consider having a trusted friend or family member with an eye for detail review your application thoroughly before it’s sent off. 

Alternatively, you can pay a solicitor or specialist services such as the Which? POA service to check for mistakes before submitting the application.

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