Common Mistakes When Creating an LPA
The most frequent errors people make and how to avoid them.
Written by Anthony Dalton · Reviewed by James Tyrrell · Last reviewed
Around 51,000 LPA applications are rejected by the Office of the Public Guardian (OPG) each year — and the same handful of errors come up again and again. Each rejection costs time, money (the £92 registration fee is not refunded), and considerable frustration. The good news is that these mistakes are entirely preventable once you know what to watch for.
At a glance
- Around 51,000 LPA applications are rejected by the OPG each year, mostly due to preventable errors
- The most common mistakes are wrong signing order, invalid certificate provider, ineligible witnesses and not registering the LPA
- Each rejection costs the non-refundable £92 registration fee plus the time to redo the entire document
- Choosing attorneys to act “jointly” without understanding the implications is a frequent planning error
1. Signing in the Wrong Order
The single most common and most serious mistake is getting the signing order wrong. The law requires a strict sequence: the donor must sign first, then the certificate provider, then the attorneys, and finally any replacement attorneys. If an attorney signs before the donor or the certificate provider, the entire LPA is void and must be started again from scratch.
This error cannot be corrected on the existing document. You will need to complete an entirely new LPA form, collect all signatures again in the correct order, and pay another registration fee if the original has already been submitted. For a detailed explanation of the correct sequence, see our guide on LPA signing order explained.
2. Invalid or Ineligible Witnesses
Both the donor's signature and each attorney's signature must be witnessed by an independent adult. A surprisingly common mistake is having an ineligible person act as witness. The following are not allowed:
- An attorney named on the LPA cannot witness the donor's signature
- The donor cannot witness an attorney's signature
- Anyone under 18 cannot act as a witness
- The witness must be physically present when the signature is made — video calls or remote witnessing are not acceptable
Each witness must also provide their full name and address on the form. Missing witness details are another common reason for rejection. For more details on signing errors, see our guide on common LPA signing mistakes to avoid.
3. Choosing an Invalid Certificate Provider
The certificate provider plays a crucial safeguarding role — they certify that the donor understands the LPA and is not being pressured into making it. Many people choose someone who does not actually qualify, which invalidates the entire LPA. A certificate provider cannot be:
- A family member of the donor (by blood, marriage, or civil partnership)
- An attorney or replacement attorney named on the LPA
- A business partner or employee of the donor
- An owner, manager, or employee of a care home where the donor lives
- Under 18 years of age
The certificate provider must either have known the donor personally for at least two years, or have relevant professional skills (such as a doctor, solicitor, or social worker). Choosing the wrong person for this role is a particularly costly mistake because the entire LPA must be redone.
Key point: If your certificate provider turns out to be ineligible, the entire LPA is invalid — regardless of whether everything else was done correctly. Always check the eligibility rules before asking someone to fill this role.
4. Not Registering the LPA
A completed and signed LPA is not valid until it has been registered with the OPG. Some people complete the entire process of filling in the form and collecting signatures, but then put the document in a drawer without registering it. An unregistered LPA cannot be used — banks, hospitals, care homes, and other organisations will not accept it.
Registration takes 8 to 10 weeks, so it is important to submit the LPA as soon as all signatures have been collected. If you wait until the LPA is urgently needed, the registration delay could mean it is not ready in time. There is no fast-track registration service available.
5. Choosing the Wrong Attorney Arrangement (Joint vs Jointly and Severally)
When appointing more than one attorney, you must decide how they should work together. Many people do not give this decision enough thought, and getting it wrong can cause serious practical problems:
- Jointly: All attorneys must agree on every single decision. This provides maximum oversight but can be impractical — if one attorney becomes unavailable, ill, or dies, none of the remaining attorneys can act at all (unless replacement attorneys have been appointed)
- Jointly and severally: Attorneys can act together or individually. This is more flexible and means the LPA can still function if one attorney becomes unavailable
- Jointly for some decisions, severally for others: A combination approach that must be clearly defined in the instructions
Many people choose "jointly" without realising the implications. If one joint attorney dies or loses capacity, the entire LPA fails unless replacement attorneys have been named.
6. Forgetting to Appoint Replacement Attorneys
Replacement attorneys are backup attorneys who step in if an original attorney can no longer act. Appointing replacements is optional, but failing to do so is a common oversight that can leave you without protection. If your only attorney dies, loses mental capacity, or decides they no longer want to act, the LPA becomes unusable and a new one would need to be created (assuming you still have mental capacity to do so).
The risk is even greater if you have appointed attorneys to act jointly. Without replacement attorneys, the loss of any one joint attorney brings the entire LPA to an end.
7. Unclear or Problematic Preferences and Instructions
The LPA form allows you to include preferences (non-binding guidance) and instructions (legally binding requirements) for your attorneys. Common mistakes in this section include:
- Writing instructions that are contradictory or impossible to follow
- Including instructions that are illegal (such as requesting euthanasia)
- Making instructions so restrictive that attorneys effectively cannot act
- Confusing preferences with instructions, or putting binding requirements in the preferences section
If the OPG considers your instructions problematic, they may reject the application or require amendments, adding significant delays. Keep instructions clear, specific, and achievable. For more information about what can go wrong during the process, see our guide on common reasons an LPA is rejected.
How to Avoid These Mistakes
Most of these common mistakes when creating an LPA are entirely preventable with a little preparation. Here are the practical steps that make the biggest difference:
- Use a guided online service that checks for common errors as you go, rather than relying on a blank form where mistakes are easy to miss
- Read the signing instructions carefully before your signing day — not on the day itself when you are under pressure to get it done
- Confirm your certificate provider is eligible before naming them on the form, so you do not discover a problem after signatures have been collected
- Do not rush the process — taking an extra day or two to double-check everything is far better than starting over after a rejection
Tip: Our online service checks your LPA for common errors before you sign, helping you avoid costly rejections. See our pricing
Key Takeaways
- Wrong signing order is the most costly error — it makes the entire LPA void and cannot be corrected; a new form, new signatures, and another £92 fee are required.
- Always verify certificate provider eligibility first — family members, named attorneys, and care home employees are all disqualified regardless of how well they know the donor.
- Register the LPA promptly — a signed but unregistered LPA has no legal effect; banks, hospitals and care homes will not accept it.
- Consider “jointly and severally” over “jointly” — joint attorneys must all agree on every decision, and if one becomes unavailable the entire LPA can fail.
- Always appoint replacement attorneys — without them, the loss of a sole or joint attorney ends the LPA entirely.
Frequently Asked Questions
Can a signing order mistake on an LPA be corrected without starting over?
No. If an attorney signed before the donor or certificate provider, the entire LPA is void and cannot be corrected on the existing document. You must complete a new LPA form, collect all signatures again, and pay another £92 registration fee.
What is the difference between joint and joint-and-several attorneys?
Joint attorneys must all agree on every decision — if one becomes unavailable, none can act. Joint-and-several attorneys can act together or independently, providing more flexibility and ensuring the LPA still works if one attorney is unavailable.
Is it worth appointing replacement attorneys even though it is optional?
Yes, it is strongly recommended. Without replacement attorneys, if your sole attorney dies, loses capacity, or resigns, the LPA fails entirely. Naming replacements ensures someone can always step in without needing a new LPA or a costly Court of Protection application.
What happens if the OPG rejects my LPA?
You will need to correct the issue and resubmit with a new £92 registration fee. The original fee is not refunded. Common rejection reasons include incorrect signing order and ineligible certificate providers.
Can I correct a mistake on an LPA after it has been signed?
Minor clerical errors may be correctable, but significant issues such as wrong signing order or ineligible witnesses cannot be fixed on the existing document. You would need to complete a new LPA form and collect all signatures again.
Does using an online service reduce the risk of mistakes?
Yes. A guided service walks you through each step, checks for common errors before you sign, and provides clear instructions for the signing process. This significantly reduces the risk of rejection by the OPG.
This guide was last reviewed and updated on . Information is based on current legislation and OPG guidance for England and Wales.
Official Guidance
Official resources from GOV.UK
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