This guide explains Lasting Powers of Attorney in England and Wales in plain English. It is not legal advice. The official forms and the GOV.UK online service are free. Settle is not connected to the Office of the Public Guardian or GOV.UK.
Common LPA mistakes, rejections and delays
Checked against GOV.UK, the LP12 guide (web version updated 20 April 2026), form LPA120 (04.26) and SI 2007/1253 on 18 October 2026.
Quick answer
Most LPA problems come from a handful of rules: signing in the wrong order, the wrong person witnessing, a certificate provider who isn't allowed to act, sections left incomplete, and fee help sent too late. If OPG finds a mistake, it may let you correct it and apply again within 3 months for £46, depending on the type of mistake. Some mistakes can't be fixed once the donor has lost capacity, so it's worth checking carefully and applying promptly.
- GOV.UK: "It takes 8 to 10 weeks to register an LPA if there are no mistakes in the application."3
- A repeat application within 3 months costs £46 (or £23 with a remission), depending on the mistake.36
- Never alter a signed or registered LPA document to fix something.11
- We don't quote rejection statistics: the figures in circulation are old and inconsistent.
None of these mistakes is about intelligence. They happen because the rules are unusual: a strict order, a narrow list of who can witness, and a certificate provider definition that excludes people you might expect to be fine. Read this before signing day, not after.
Mistakes when signing
| Mistake | The rule | How to avoid it |
|---|---|---|
| Signing out of order | Donor first, then the certificate provider, then attorneys and replacements; otherwise OPG can't register it1 | Use a checklist and sign one row at a time (signing order) |
| Donor signs section 9 too early | Section 9 comes after section 5 (LP1H) and any continuation sheets1 | Sign continuation sheets and section 5 first |
| Wrong person witnesses the donor | The donor's witness can't be an attorney or replacement attorney (or an employee of a trust corporation attorney)2 | The certificate provider can witness instead1 |
| Donor witnesses someone | "The donor may not witness any signature required for the power"5 | Use another adult, another attorney, or the certificate provider |
| Signing a copy, or e-signing | Everyone signs the same original. No copies or digital signatures2 | Keep one original; post it between people if you must |
| Witness details missing | Witnesses must be 18 or over and give their full name and address2 | Check each witness box before moving on |
| Both options signed in section 5 (LP1H) | Sign only one option, Option A or Option B1 | Decide before the day |
| Section 15 dated too early | Section 15 is dated after all the section 11s1 | Sign it last, when you apply |
- Check if you pay £92, half, or nothing
- Get every signature in the right order first time
- Know what to do after it's registered
- Decide who should be your attorneys, with simple worksheets
Mistakes in choosing people
| Mistake | The rule |
|---|---|
| A family member, or an attorney's family member, as certificate provider | Excluded by law; OPG reads "family" widely, including in-laws, step-relatives and unmarried partners41 |
| A replacement attorney as certificate provider | Excluded by OPG guidance1 |
| An acquaintance as certificate provider | They must have known the donor personally for at least 2 years, more than just an acquaintance, up to the day they sign4 |
| Changing certificate provider after section 10 is signed | Not allowed: "you cannot then change who your certificate provider is"1 |
| A bankrupt person, or someone with a DRO, as financial attorney | Not allowed for property and financial affairs1 |
| An attorney or replacement named as a person to notify | Not allowed1 |
| Expecting a replacement to cover a holiday | A replacement can't stand in temporarily1 |
| Giving an attorney the power to choose their own replacement | Not allowed1 |
See Who can be a certificate provider and Choosing your attorneys.
Mistakes with the content
- Not stating how attorneys decide. If you appoint more than one and don't say, the law assumes "jointly".1
- Writing instructions that conflict with the rest of the LPA. LP12 explains the difference between preferences and instructions. Read it before writing either.1
- Expecting an attorney to be paid without saying so. If you don't write a fee into your instructions, they can't be paid (they can still claim reasonable expenses).1
- Expecting large gifts to be allowed. Gifts beyond customary occasions and charities, of reasonable value, need the Court of Protection's permission.1
Mistakes when applying
| Mistake | The rule |
|---|---|
| Sending LPA120 after the LPA | LPA120 and evidence go with the LPA. "Retrospective refunds are not possible."67 |
| Assuming Universal Credit means no fee | Universal Credit gives the half-fee remission only7 |
| Leaving out Attendance Allowance, PIP or the State Pension from income | They count as income for the half-fee test6 |
| Sending bank statements alone as evidence | Not accepted on their own6 |
| Not sending LP3 to people to notify | Send it just before posting the LPA. If you register both types, notify each person twice1 |
| Joint attorneys applying separately | Attorneys appointed jointly must all apply together1 |
| Cheque without the donor's name | Write the donor's full name on the back, payable to "Office of the Public Guardian"6 |
If OPG finds a mistake
If OPG returns your LPA because of a mistake, it may let you correct it and apply again within 3 months for £46, depending on the type of mistake.3 With a remission, a repeat application costs £23.6
Why applying promptly helps. There's no legal deadline to register a signed LPA. But if the donor later loses capacity, mistakes can't be put right, OPG then can't register the LPA, and someone may have to apply to the Court of Protection, which can be lengthy and costly.1
Never alter the LPA document itself to correct something. If you're unsure what to do, call OPG on 0300 456 0300.11
Delays that aren't mistakes
Some waiting is built in:
- A legal 4-week wait. OPG can't register until 4 weeks after it gives notice of the application.9
- A 3-week objection window. People to notify, and the attorneys, have 3 weeks from being notified to raise concerns with OPG.9
- An attorney applies. The donor is told and can object.3
- Overall time. GOV.UK says 8 to 10 weeks if there are no mistakes;3 its attorney guidance says it "can take up to 16 weeks".8 OPG's average in 2025-26 was 45 working days, against a target of 40.10
Allow several months and don't rely on a fixed date, especially if a house sale or care home move depends on it.
A five-minute pre-posting check
- Every signature is on the original, in the right order.
- Every witness has given their full name and address.
- The certificate provider meets the rules and signed after the donor.
- On LP1H, only one section 5 option is signed.
- LP3s have gone to each person to notify.
- The fee or LPA120 and evidence are enclosed.
- Section 15 is signed and dated after the last section 11.
- You've kept a note of what you sent and when.
Frequently asked questions
How many LPAs get rejected?
We don't quote a figure. The statistics that circulate are old, come from different sources and don't agree.
Will OPG tell me what's wrong?
OPG returns an LPA if there's a mistake and, depending on the type, may let you correct it and apply again within 3 months.3
Can a mistake be fixed after the donor has lost capacity?
LP12 says mistakes can't be put right then, and OPG can't register the LPA.1
- Check if you pay £92, half, or nothing
- Get every signature in the right order first time
- Know what to do after it's registered
- Decide who should be your attorneys, with simple worksheets
This guide is general information, not legal advice. OPG decides whether an LPA can be registered.
Related guides
Sources & references
The figures and rules in this guide are drawn from the official and charity pages below, checked on 18 October 2026. Each link opens the page itself. Always confirm current figures on GOV.UK before you act, as fees and processing times change.
- LP12: Make and register your lasting power of attorney (web version) — GOV.UK
- Make a lasting power of attorney — GOV.UK
- Register a lasting power of attorney — GOV.UK
- Lasting Power of Attorney, Enduring Power of Attorney and Public Guardian Regulations 2007, regulation 8 — legislation.gov.uk
- Lasting Power of Attorney, Enduring Power of Attorney and Public Guardian Regulations 2007, regulation 9 — legislation.gov.uk
- LPA and EPA fees (LPA120), version 04.26 — GOV.UK
- Applying for a reduced fee for your power of attorney — GOV.UK
- Manage a lasting power of attorney — GOV.UK
- Lasting Power of Attorney, Enduring Power of Attorney and Public Guardian Regulations 2007, regulations 12 and 14 — legislation.gov.uk
- OPG annual report and accounts 2025 to 2026 — GOV.UK
- Change your lasting power of attorney — GOV.UK
Settle publishes general information about Lasting Powers of Attorney in England and Wales. It is not a law firm, does not provide legal advice, and does not prepare, check or register LPAs. For advice about your situation, speak to a solicitor or a free advice service.