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Over 127k Lasting Powers of Attorney Rejected – Get Yours Right
6 August, 2024 4 minutes reading time
The importance of Lasting Powers of Attorney (LPAs) is gaining traction, as evidenced by a 37% increase in LPAs registered in 2023. While this trend is reassuring, the overall picture remains concerning. Less than 1% of the adult population has LPAs in place, and 60% of individuals over 75 still need to make these crucial arrangements. Furthermore, over 127k LPAs were rejected over the last five years, highlighting the critical need for accuracy and understanding throughout the application process.
Why are LPAs so Essential?
LPAs are legal documents that allow you (known as the donor) to appoint trusted individuals (your attorneys) to make decisions on your behalf if you can’t due to illness or incapacity. Your attorneys can be anyone you trust, such as a family member, friend, or professional advisor. So, choosing someone who understands your wishes and is willing to take on the responsibility is vital.
Types of LPAs
There are two types of LPA:
- Property and Financial Affairs. This covers your finances, property, bills, and investments. Notably, you can use a Property and Financial Affairs LPA as soon as it’s registered, with your permission or only if you lose mental capacity.
- Health and Welfare. This addresses decisions about medical care, living arrangements, and daily routines. Conversely, a Health and Welfare LPA can only be used if you no longer have the mental capacity to make these decisions yourself.
If you lose mental capacity without LPAs in place, your loved ones will need to apply to the Court of Protection to manage your affairs. This process can be costly, time-consuming, and emotionally draining.
Critically, you cannot create LPAs after you lose mental capacity. Therefore, it’s essential to put these arrangements in place while you can still make your own decisions.
Common Mistakes and the OPG’s Rejection Rate
The Office of the Public Guardian (OPG) rejected nearly 30,000 LPAs between 2022 and 2023, primarily for financial and property matters. Furthermore, since 2018, errors have caused the rejection of a staggering 127,848 LPAs.
These errors range from simple oversights, such as incorrect witnessing, to misunderstandings about legal requirements, including:
- Incorrect Form
- Incorrect Page Order
- Using Pencil, Tippex, or Photocopies
- Incorrect Signing & Dating Order
- Missing Signatures or Incomplete Names
- Using Family Members as Certificate Providers
- Contradictory Instructions
- Confusing End-Of-Life Treatment
Unforeseen Risks of Making Mistakes
While creating LPAs is crucial, it’s equally important to know that registration can take up to six months. If your application is rejected due to errors, you’ll need to start the process again, which could take additional months. In a worst-case scenario, if you lose mental capacity during this extended period, your loved ones would be forced to seek deputyship through the Court of Protection.
The court is more likely to grant deputyship for finance, but it’s often reluctant to grant it for health and medical matters. This can leave your medical care in limbo at a critical time. Additionally, applying for a deputyship is complex, time-consuming, and costly, with financial deputies required to keep meticulous records and submit annual returns.
Benefits of Using a Lawyer
The OPG is the government body that oversees the registration and use of LPAs. While the OPG provides guidance and support throughout the process, getting help from a specialist lawyer will ensure the documents are prepared, registered correctly, and drafted in the individual’s best interests. Additionally, if appropriate, lawyers will administer the LPA on an ongoing basis.
Our Advice
Creating LPAs isn’t just about planning for the worst-case scenario; it’s about empowering yourself and your loved ones to make informed decisions in the future. Making and registering LPAs sooner rather than later removes a massive potential headache for those close to you. You also have the comfort of knowing that if you do lose mental capacity, the people you trust will be able to step in to help without delay.
If you’re considering making a Will, creating LPAs, or need a quote, don’t hesitate to contact our expert team. We can help you navigate the process and put your mind at rest.
Please note that all views, comments or opinions expressed are for information only and do not constitute and should not be interpreted as being comprehensive or as giving legal advice. No one should seek to rely or act upon, or refrain from acting upon, the views, comments or opinions expressed herein without first obtaining specialist, professional or independent advice. While every effort has been made to ensure accuracy, Curtis Parkinson cannot be held liable for any errors, omissions or inaccuracies.