Filling out the Power of Attorney forms is possible without expert guidance. But you will need to follow the instructions carefully as a slip up could result in your application being rejected.
These are some of the most common pitfalls to watch out for.
Shortening personal details
While the Office of the Public Guardian (OPG) – the body in charge of registering LPAs – has many valid reasons for rejecting an application, some of the more arbitrary reasons are ‘ridiculous’, says Mihiri Gajraj, partner at law firm Trethowans.
‘I have had one case where a person in America was being appointed the attorney and their witness was there too. Their address was in New York, and they shortened the country to USA. That was rejected.’
It is always safer to write out full addresses and names. For example, if you’re known as Alex but Alexander is on your birth certificate, make sure you use Alexander.
Errors may slip through – but cause issues later down the line. If you get a date of birth wrong the OPG will not check this, Stewart Stretton-Hill, a senior associate at Irwin Mitchell Solicitors, says.
He explains that this will not be ‘fatal’ to the form, but it could cause issues when trying to use the LPA to manage someone’s finances, for example, as a bank may not accept it with an incorrect date of birth.
If you fill out the forms without an expert on hand, a slip up could result in your application being rejected
Writing over errors
If you do make a mistake, do not just write over the number or word. The correct way to amend it is to put a single line through the mistake and write the correct information above or below it.
Mr Stretton-Hill says incorrectly amending the dates that the forms were signed is a common blunder.
‘The OPG is really hot on this,’ he says. ‘For example, you might change a two into an eight – but that will be rejected.’
The person who makes the correction must write their initials next to it.
If you spot a mistake that someone else made do not correct it on their behalf.
If you use a correction fluid such as Tip-Ex to cover a mistake or pencil to fill in part or all of the forms, then the application is likely to be rejected, says Ms Neilson.
Giving illegal instructions to your attorney
LPA forms include a section where the donor can give specific instructions.
These are legally binding, but some individuals make illegal requests, which can sabotage their application.
Ms Neilson says: ‘Clients may want to include an instruction that is unlawful. One example in the health LPA is that somebody may include “if I have dementia, then I want to go to Dignitas”.’
That isn’t legal in the UK, so the OPG may reject the LPA or remove the instruction, instead, which is likely to trigger delays.
Ms Gajraj adds that a lot of the prohibited instructions surround how life ends. ‘A donor may also state that they never want to be put into a care or nursing home – but that’s not something they can control.’
Choosing the wrong witnesses or certificate provider
There is strict criteria to make sure your witness is impartial – and choosing the wrong one is a very common mistake, according to Trethowans law firm.
For example, the donor cannot witness any signature made by an attorney. You may instead choose a different friend or neighbour for this job.
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Plus, the attorneys cannot be the witness for the donor, however they can witness each other’s signatures if there is more than one attorney. And they must all be aged at least 18.
You also need to choose an impartial certificate provider – and the criteria is even stricter.
Elspeth Neilson, a partner at London legal practice Osbornes Law, says: ‘The certificate provider has to make sure that the donor hasn’t been pressured into something.’ They will also confirm that you have mental capacity – in other words you understand what you’re signing.
A host of people are banned from this role, including family and spouses, the attorneys or replacement attorneys, their families, or an employee.
If you choose a personal certificate provider, then they need to have known you well for at least two years, according to official guidance.
But you could instead choose a professional such as doctor, social worker or solicitor.
Your certificate provider can also be a witness, but Ms Neilson says it is best to choose someone completely independent to the process.
Get it wrong and your application will be denied.
Not signing and dating in the correct order
There is a strict order that the sections of the LPA must be signed and dated.
Mr Stretton-Hill says: ‘The top mistake we see is people signing the forms in the wrong order. We even send detailed signing instructions to clients, but people still make mistakes.’
When you download the LPA forms, make sure you print off the accompanying instructions and follow them to the letter.
