Can an LPA Be Rejected by the OPG?

Written by Anthony Dalton · Reviewed by James Tyrrell · Last reviewed 16 March 2026

Every year, thousands of LPA applications are sent back by the Office of the Public Guardian (OPG) because of avoidable mistakes. When you submit a Lasting Power of Attorney for registration, the OPG checks the document against the requirements of the Mental Capacity Act 2005. If there are errors, omissions, or issues with the form, it comes back unregistered — and in some cases, you lose your £92 fee and have to start from scratch. This guide explains why rejections happen, what your options are, and how to avoid the most common pitfalls.

Common Reasons the OPG Rejects LPA Applications

The OPG is legally required to check every LPA application before it can be registered. They are looking for compliance with the law, not just administrative neatness. If anything in the document fails to meet the legal requirements, the OPG has no choice but to reject or return the application. Common categories of rejection include:

• Signing errors — the LPA was not signed in the correct legal order
• Missing signatures — one or more required parties did not sign the document
• Invalid certificate provider — the person who signed the certificate provider section was not eligible
• Incorrect or missing witness details — witnesses did not sign, or the same witness was used improperly
• Missing or incorrect fee — the registration fee was not enclosed or was the wrong amount
• Invalid instructions or preferences — the preferences or instructions section contains provisions that are unworkable or contrary to law

For a detailed breakdown of the most frequent problems, see our guide on common reasons an LPA is rejected.

The Difference Between Rejection and Return

The OPG distinguishes between LPAs that are "returned" and those that are formally "rejected." The difference is important because it affects your options and your fee:

• Returned for correction: If the OPG identifies a minor error that can be corrected (such as a missing date or a small administrative oversight), they may return the LPA to you with instructions on how to fix it. In many cases, the correction can be made and the LPA resubmitted without paying a new fee.
• Rejected (imperfect): If the error is fundamental — such as the wrong signing order or an ineligible certificate provider — the LPA is deemed invalid and cannot be corrected. You will need to start again with a completely new LPA form. The OPG will typically refund your £92 registration fee in this case.

What Happens When Your LPA Is Rejected

If the OPG rejects your LPA, they will write to you explaining the reason for the rejection. The letter will specify which part of the form was defective and why it cannot be registered. Depending on the nature of the problem, your options are:

• Correct and resubmit: For minor errors, you may be able to correct the issue on the existing form (with appropriate signatures or initials) and send it back. The OPG will tell you if this is possible.
• Start again: For fundamental errors (like incorrect signing order), you must complete an entirely new LPA form, have it signed again by all parties, and submit it with a fresh registration fee.
• Appeal or query: If you believe the OPG has made an error in rejecting your LPA, you can contact them to discuss the decision. In some cases, you can apply to the Court of Protection to resolve a dispute about whether the LPA is valid.

Can a Rejected LPA Be Corrected and Resubmitted?

Whether you can fix and resubmit depends entirely on the nature of the error. Minor administrative issues — such as a missing date next to a signature, or a small error in an address — can often be corrected on the original form. The OPG may ask you to make the correction and have the relevant person initial the change before resubmitting.

However, if the error relates to the legal validity of the document — for example, the certificate provider signed before the donor, or an attorney witnessed the donor's signature — the entire LPA is invalid and cannot be salvaged. You must create a brand new LPA from scratch.

This is one of the most frustrating aspects of the LPA process for many people, which is why getting the signing order right the first time is so critical. See our guide on common mistakes when creating an LPA to avoid these issues.

How to Avoid Rejection

The best way to avoid having your LPA rejected is to ensure it is completed correctly before submission. Here are the most important things to check:

• The donor signs first, then the certificate provider, then the attorneys — always in this order
• Every signature has been witnessed by an independent adult (aged 18 or over) who is not a named attorney
• The certificate provider is eligible — they must have known the donor personally for at least two years, or have relevant professional skills
• All sections of the form are completed, including any required continuation sheets
• The correct fee is enclosed, or a valid fee exemption or remission form is included
• Instructions and preferences are clear, practical, and do not conflict with the law

Using a professional LPA service like UKLPA significantly reduces the risk of rejection. We check every detail of your LPA before it is submitted, ensuring everything is in order. For the full registration process, see our guide on how to register an LPA with the OPG.

Fees When an LPA Is Rejected

If the OPG rejects your LPA because it is fundamentally defective, they will normally refund the £92 registration fee. However, this is not automatic in every case. If the LPA is returned for a minor correction, the fee is typically held and applied when you resubmit the corrected document.

If you need to create an entirely new LPA, you will need to pay the £92 registration fee again when you submit the replacement. This means a rejected LPA can effectively double your costs if you are not careful. Working with a professional service that checks your documents before submission can save you both time and money.

Key Questions on LPA Rejection by the OPG

This guide was last reviewed and updated on 16 March 2026. Information is based on current legislation and OPG guidance for England and Wales.

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