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Avoid mistakes when applying for Lasting Power of Attorney

Setting up a Lasting Power of Attorney is as important a move as writing a will – even if it may well turn out that you don’t need it.

An agreed LPA gives peace of mind to any individual and the people they would like to manage their affairs in the event that they are unable to do so themselves. This might be the result of a major accident or health issues that prevents them from making decisions about their health and finances, including dementia. Without an LPA in place, families are likely to find it difficult to work with healthcare and financial institutions on behalf of a loved one.

One of many good reasons for setting up LPAs long before they might be needed is that it gives everyone the time and space to get it right. Too often applications are rejected because forms are incomplete or filled in incorrectly, or the required process hasn’t been followed accurately.

It’s reported that around 30,200 financial and 20,700 health and welfare Lasting Powers of Attorney were turned down due to errors such as misspelled names, missing or illegible information and conflicting instructions. With the current backlog in applications leading to an average wait time of 76 days, it’s important to get the application right first time.

How can you avoid mistakes?

To avoid mistakes when applying for a Lasting Power of Attorney (LPA) in the UK:

  • use the correct forms: ensure you’re using the latest forms from the UK government’s website
  • complete all sections: fill in every required section clearly and accurately
  • sign in order: the donor (the person for whom LPA is being sought), attorneys, and witnesses must sign in the correct sequence
  • choose the right attorneys: select trustworthy individuals and confirm their willingness to act
  • avoid errors in names: match names exactly as they appear on official documents
  • pay the correct fee: check the current fee and any exemptions or reductions.

Seek legal advice if you’re unsure to ensure a smooth process. We created our own LPAs using downloadable forms and found it time-consuming but not impossible.

Find out more

The Office of the Public Guardian, which administers applications, offers further tips on avoiding errors when applying for Lasting Power of Attorney.

 

Image: Getty Images on Unsplash

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