What Happens If an LPA Is Signed Incorrectly?

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

Signing a Lasting Power of Attorney incorrectly is one of the most frustrating mistakes you can make, because the consequences can range from minor delays to having to start the entire process again from scratch. The Office of the Public Guardian (OPG) checks every LPA carefully before registering it, and signing errors are one of the most common reasons for applications being returned or rejected. This guide explains what happens when different types of signing errors occur, whether they can be fixed, and how to avoid them in the first place.

What the OPG Does When It Finds a Signing Error

When you submit your completed LPA to the OPG for registration, their staff will review the document to check that it complies with the requirements of the Mental Capacity Act 2005. If they identify a signing error, one of two things will happen:

• The application is returned for correction: Some minor errors can be corrected on the existing form. The OPG will write to you explaining what needs to be fixed, and you can make the correction and resubmit
• The LPA is declared void: For more serious errors, the LPA itself is invalid and cannot be corrected. You must complete an entirely new LPA form and collect all signatures again

The distinction between a correctable error and a fatal error depends on the nature of the mistake. Understanding which errors are which can help you focus on avoiding the most serious ones.

Fatal Errors That Make the LPA Completely Void

Certain signing errors render the LPA completely invalid. When this happens, the document cannot be salvaged and the entire form must be done again. The most serious errors include:

• Wrong signing order: If any attorney signed before the donor or the certificate provider, the LPA is void. This is the most common fatal error
• Invalid certificate provider: If the person who signed as certificate provider was not actually eligible for the role (for example, they were a family member of the donor), the LPA is void
• Donor lacked mental capacity: If evidence later emerges that the donor did not have mental capacity at the time they signed, the LPA is void from the outset

For a full explanation of the correct signing sequence, see our guide on LPA signing order explained.

Errors That May Be Correctable

Some signing errors, while problematic, do not necessarily make the LPA void. The OPG may allow these to be corrected on the existing form:

• Missing witness details: If a witness forgot to include their full name or address, the OPG may allow this to be added
• Missing date on a signature: If a signature is undated but the OPG can determine from other evidence that the correct order was followed, they may accept an amendment
• Minor errors in personal details: Misspelled names or incorrect addresses can sometimes be corrected with a covering letter
• Missing continuation sheet signatures: In some cases, missing signatures on continuation sheets can be obtained and added

Whether an error is correctable depends on the OPG's assessment of the specific situation. If in doubt, contact the OPG before resubmitting to confirm what is needed.

What Happens to the Registration Fee?

If your LPA is returned because of a correctable error, you generally do not need to pay the £92 registration fee again — you simply correct the error and resubmit the same application. However, if the LPA is declared void and you need to submit an entirely new form, the situation regarding the fee is more complex.

In some cases, the OPG will refund the registration fee when an LPA is found to be void due to a signing error. However, this is not guaranteed, and the refund process can take several weeks. It is always best to avoid the situation entirely by getting the signing process right the first time.

If you do need to create a new LPA, you will need to pay the £92 registration fee again when you submit the replacement. This means a signing error can cost you an additional £92 per LPA, on top of the time and effort of starting over.

The Most Frequent Signing Errors That Lead to Rejection

Based on OPG data and industry experience, these are the errors that trip people up most often:

• An attorney signing before the donor or certificate provider (fatal — LPA is void)
• An attorney witnessing the donor's signature (not permitted)
• The donor witnessing an attorney's signature (not permitted)
• A witness not providing their full name and address
• Signatures not being dated
• Using pencil instead of pen for signatures
• The witness not being physically present when the signature was made
• Replacement attorneys failing to sign their sections

For a comprehensive list of signing mistakes and how to avoid them, see our guide on common LPA signing mistakes to avoid. For broader information on all reasons an LPA might be rejected, see common reasons an LPA is rejected. To understand the witnessing rules that often cause errors, see our guide on who can witness an LPA signature.

How to Avoid Signing Errors

The best way to avoid signing errors is to understand the rules before you begin and to manage the process carefully:

• Make sure everyone involved understands the correct signing order before anyone signs
• Do not send attorney sections for signature until the donor and certificate provider have both signed
• Include the date alongside every signature
• Use a pen (black or blue ink) for all signatures
• Ensure every witness provides their full name, address, and signature
• Double-check that witnesses are eligible (not an attorney witnessing the donor, not the donor witnessing an attorney)
• Consider using a professional service that manages the signing process and checks for errors before submission

Your Questions Answered

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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