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Avoiding Mistakes When Setting Up Your LPA: Lessons from 51,000 Rejected Applications

19th August 2025

Setting up a Lasting Power of Attorney (LPA) is one of the most important steps you can take to plan for the future.

It ensures that someone you trust can make decisions on your behalf if you’re no longer able to do so. But despite its importance, thousands of applications are rejected every year due to avoidable errors.

According to the Office of the Public Guardian’s latest annual report, over 51,000 LPA applications were rejected last year around 3.7% of all submissions. These mistakes can lead to delays, added stress, and in some cases, leave loved ones without the legal authority they need.

Sue Hall, Director and Head of Wills and Probate at Myers & Co, sheds light on the key reasons why LPA applications are often rejected and explains how expert legal support can help you avoid common pitfalls and protect your future with confidence.

Common Mistakes That Lead to Rejection

The OPG found that 15% of applications contain errors. The most frequent issues include:

• Signing in the wrong order – The donor must sign first, followed by the certificate provider, then the attorneys.
• Unlawful instructions – For example, references to assisted dying must be removed by the Court of Protection.
• Incorrect certificate provider – Family members or attorneys cannot act in this role.
• Using correction fluid or pencil – These invalidate the form.
• Conflicting instructions – Such as appointing attorneys to act jointly but also asking them to act separately.

Each of these errors can result in rejection, requiring the form to be resubmitted and causing unnecessary delays.

How to Get Your LPA Right First Time

To improve your chances of a successful application, it’s important to follow the government’s LP12 guidance and double-check your form before submission. Key steps include:

• Using the correct form (LP1F for financial decisions or LP1H for health and care)
• Ensuring all signatures are in the correct order
• Choosing an impartial certificate provider
• Avoiding ambiguous or unlawful instructions
• Ensuring witnesses are over 18 and not involved in the LPA

Even with official guidance, completing an LPA can be complex, especially when issues like mental capacity or family dynamics are involved.

Why Legal Advice Makes a Difference

It’s natural to want to handle your LPA yourself. After all, it’s a personal decision about who you trust to act on your behalf. But even small mistakes can lead to rejection or an LPA that doesn’t work when it’s needed most.

At Myers & Co, we take the time to understand your wishes and guide you through the process with clarity and care. We don’t just fill in forms, we help you make informed decisions that protect your future.

Here’s how we can help:

• Ensure your form is completed correctly, avoiding common pitfalls
• Advise on suitable certificate providers who meet legal requirements
• Help you write clear, lawful instructions that reflect your values
• Assess mental capacity where needed
• Give you peace of mind that your loved ones will be protected

Our Team Is Here to Help You Plan For Your Future

Whether you’re planning ahead for yourself or helping a loved one, our experienced solicitors are here to help. We offer empathetic, jargon-free advice tailored to your family’s needs.

For further information, please contact Sue Hall, Director and Head of Wills and Probate at Myers & Co, on 01782 491045 or email sue.hall@myerssolicitors.co.uk. Myers & Co has offices in Stoke-on-Trent, Staffordshire.