Why Creating a Lasting Power of Attorney (LPA) Is a Pivotal Step
Creating a Lasting Power of Attorney (LPA) is a pivotal step in planning for the future. It ensures that trusted individuals can make decisions on your behalf if you lose the capacity to do so, or even if you just need some additional support.
Although it may be tempting to draft an LPA yourself, the process is full of potential pitfalls that can render the document invalid, inappropriate in its nature, or delay its registration. Seeking the assistance of a legal professional can help you navigate these complexities and provide peace of mind.
What an LPA Allows You to Do
An LPA allows you, as the donor, to appoint one or more attorneys to make decisions about your:
- Property and financial affairs, or
- Health and welfare
However, creating and registering an LPA is more complicated than it may initially appear. There are strict formalities that must be followed, including:
- The order in which signatures are obtained
- How those signatures are witnessed
- The correct use of continuation sheets
Common Pitfalls and Delays
Signing errors are one of the most common reasons for rejection by the Office of the Public Guardian (OPG), often resulting in the need to restart the process and incur further delays and costs. These errors typically include:
- Incorrect signing order – The donor, certificate provider, and attorneys must sign in a specific sequence.
- Improper witnessing – Signatures must be witnessed correctly, and by appropriate individuals.
- Misuse of continuation sheets – These must be completed and referenced properly, or they may be disregarded.
- Missing or unclear preferences and instructions – Ambiguities can limit the attorney’s ability to act or lead to disputes.
- Incomplete or inconsistent information – Any discrepancies can result in rejection or delay.
Another frequent issue is a lack of clarity around when the donor wants the LPA to come into effect:
- For financial decisions, an LPA can be used either as soon as it is registered or only when the donor has lost capacity.
- For health and welfare decisions, it only comes into effect once capacity is lost.
Understanding these distinctions is crucial to ensuring that the LPA functions in the way you intend.
Choosing the Right Attorneys
Careful consideration should also be given to who you appoint as your attorneys. This is not a decision to be taken lightly. Attorneys should be people you trust, who can manage your affairs responsibly and who understand and appreciate your wishes.
A legal professional can guide you through these important discussions, helping you think through family dynamics, practical considerations, and how attorneys will work together.
Understanding the Mental Capacity Act
A further challenge often stems from misunderstandings about the Mental Capacity Act 2005, which underpins the creation of LPAs. The donor must have mental capacity at the time the document is executed, and any ambiguity in this regard could lead to challenges or invalidation.
Additionally, the form must be completed correctly, and any instructions or preferences for attorneys must be clear and legally compliant. Errors or ambiguities in these areas can lead to disputes or limit the attorney’s ability to act effectively.
How Legal Support Can Help
Engaging a legal professional helps avoid these risks. Our practitioners at Harold G Walker are experienced in drafting LPAs and can ensure the document meets all legal requirements, is properly executed, and accurately reflects your wishes.
They can offer tailored advice on choosing attorneys, specifying instructions, and fully understanding the implications of the powers being granted. This guidance significantly reduces the risk of errors and provides reassurance that your LPA will be effective when it is most needed.
Our Special Offer for November and December 2025
LPAs 50% OFF
For a limited time, Harold G Walker is offering professionally drafted LPAs at a significantly reduced rate:
- Individuals: Both types of LPA (Property and Financial Affairs and Health and Welfare) for £300 plus VAT (normally £600 plus VAT)
- Couples: Both types of LPA for £500 plus VAT (normally £1,000 plus VAT)
Please note that the registration fees are also payable directly to the Office of the Public Guardian. These are currently £82 per LPA but are increasing to £92 per LPA from November 2025.
This is an excellent opportunity to obtain expert legal assistance at a highly competitive rate, ensuring your LPAs are completed to the highest standard.
To take advantage of this offer, please fill in our enquiry form, call us, or email us at enquiries@hgwalker.co.uk. Our team will be happy to guide you through the process.
Invest in Your Future
Taking the time to create a valid and effective LPA is an investment in your future.
With professional guidance, you can avoid the stress and uncertainty of navigating this complex process alone and be confident that your wishes will be respected and upheld.