Waiting times for registering an LPA are especially long, especially in light of the Covid-19 Pandemic which has made them significantly longer. Indeed, currently wait times are currently at an average of 20 weeks. To make the process easier for you we have compiled a list of common errors that are often made by applicants, so that your submission can be registered as quickly and as efficiently as possible.
These include:
- Signing the LPA in the incorrect order
- The use of tip-pex or pencil
- Missing relevant pages out
- Not providing full names of relevant parties
- Appointment of attorneys or witnesses which are not appropriate
- Making unclear or unlawful instructions or requests
Signing The LPA In The Incorrect Order
There is a very strict order which must be complied with when signing your LPA. You as the donor must always sign your LPA first and follow the instructions for signing order detailed in each respective LPA for the witness, attorney and certificate provider.
The Use Of Tip-Pex Or Pencil
It is important to ensure consistency throughout your application. A black pen should be used throughout (whilst blue pen is permitted, we do still recommend black). The OPG also does not accept applications where pencil has been used. The use of tip-pex or correctional fluid must also not be used. If a minor mistake has been made you can follow the appropriate steps below:
How to make corrections to your LPA:
The correct way to amend a mistake you have made on your LPA application is:
- Crossing through the mistake with a pen with one line.
- Placing the correction next to the mistake and signing your initials next to this correction.
Missing Pages
It is important to make sure no pages are missing from the application and that they are not stapled or bound together. All LPAs are numbered so do ensure to check these all align once you have signed and completed your application.
It is also good practice to ensure that if more than one type of LPA is being applied for, that they are clearly divided so they will not get mixed together.
Not Providing Full Names Of Relevant Parties
The information provided for yourself, your witnesses, attorneys and certificate providers must all be correct. It is important to provide someone’s full name as reflected in their relevant identification documents, their date of birth in the correct format (DD/MM/YYYY) and their most up-to-date address and postcode.
Appointment Of Attorneys Or Witnesses Which Are Not Appropriate
There are specific guidelines on who can and can’t be a certificate provider, witness or an attorney for an LPA. For instance, in most sections of the application the witnesses must also not be the attorney, or the application will not be accepted. Equally, they must also be over the age of 18.
Certificate providers must be impartial and therefore cannot be a member of your family, an employee or the attorney for your LPA and must also be over the age of 18.
For a property and finance LPA, your attorney must not be bankrupt. Again, they must be over the age of 18.
Making Unclear Instructions, Preferences Or Requests
You can make preferences or instructions in your LPA. A preference is not mandatory. This means that it merely serves as guidance rather than a strict rule they must abide by. An instruction on the other hand, must be adhered to by your attorney(s).
It must be clear whether statements in your LPA are preferences or instructions.
Preferences
The OPG has recommended that preferences use phrases such as “I would like…” or “I wish my attorneys to…” to make intentions as clear as possible.
Instructions
Phrases such as “My attorneys must…” or “My attorneys have to…” have also been suggested by OPG as phrases to use to indicate an instruction.
Another common mistake is including inappropriate instructions for the application you are applying for. For instance, including instructions or preferences on health and welfare in an LPA for property and finance. It is therefore important instructions accurately reflect the type of LPA application made.
Advice & Guidance On The LPA Application Process
It is important to note that an LPA is a legal document which can at times be difficult or challenging to complete. This means that there can be added delays or cost on top of an already lengthy process which disproportionately affects more vulnerable persons.
A Solicitor can offer peace of mind in the drafting of your LPA, ensuring your application is reflective of your wishes and not further delayed unnecessarily.
