If you are healthy and independent, creating a Lasting Power of Attorney (LPA) may not feel like a priority. But putting one in place while you can is a wise move. It gives you control over who manages your affairs and makes important decisions about your health and welfare, should there come a time when you can’t do so yourself.
It is possible to create a DIY LPA, but common mistakes with attorneys, instructions, witnesses, signatures or registration can delay your application or cause it to be rejected.
In this article, we’ll look at the different types of Lasting Powers of Attorney, explore where DIY applications can go wrong, and provide advice on how to avoid mistakes. This guidance is applicable to LPAs in England and Wales.
There’s no need to make a Lasting Power of Attorney alone. The friendly, family-oriented team at Redwood Financial can talk you through the process, answer your questions and make sure everything is documented and registered as it should be. Contact us today to start.
Why a Lasting Power of Attorney is one of the most important legal documents you can make
Most people appreciate the importance of writing a Will, but that only deals with what happens after you die. An LPA exists to protect your interests while you are still living, allowing people you trust to make decisions if you can’t make them yourself.
Many assume that family members will be automatically responsible for their health and welfare decisions if they lose mental capacity, but that’s not always the case. Without an LPA, decisions about your care, where you live, and your medical treatment may fall to the professionals involved, with your family consulted only if necessary.
Similarly, even close family members can’t access your bank accounts without a valid LPA. They may need to apply to the Court of Protection for authority, which can be costly and cause delays.
An LPA gives you control over what happens, along with valuable peace of mind for both you and your family.
Who can make an LPA?
LPAs are often considered a later life affair, but anyone can make one from the age of 18, provided they still have mental capacity.
Types of Lasting Power of Attorney
There are two types of LPA to protect your health and financial affairs:
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A Property and Financial Affairs LPA gives your attorneys the right to access bank accounts, pay bills, and manage investments and property. Depending on your wishes, it can be used while you still have capacity, or if you lose capacity.
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A Health and Welfare LPA covers your care, medical treatment, where you live and day-to-day welfare decisions. Your Attorneys will be able to make decisions on these things if the time comes when you lose mental capacity.
For both types of LPA, you can appoint more than one Attorney if you wish, and include preferences and/or binding instructions.
Should your attorneys act jointly or separately?
If Attorneys act jointly and severally, each can usually make decisions alone or together. This is the option most people choose because it offers more flexibility if one attorney later stops acting.
If they act jointly, every Attorney must agree. You can also require joint decisions for specified matters and allow separate decisions for others.
The key is understanding the practical effect: a restriction intended to add protection can instead create deadlock or prevent the remaining attorneys from acting.
Common mistakes made in Lasting Powers of Attorney
At Redwood Financial, we have been helping clients to create and register LPAs for more than 16 years. These are the most common mistakes we see in DIY LPAs that can make them invalid or unworkable.
1. Common mistakes in LPAs: Appointing Attorneys
The way Attorneys are appointed matters as much as who you choose.
If you appoint two Attorneys to act jointly, they must agree on every decision. If one can no longer act, perhaps due to illness, the other can’t just automatically carry on alone. Unless stated in your LPA, the remaining Attorney may also have to stop acting.
You can name replacement Attorneys when you make the LPA, but it’s important to understand how it works. For example, if you appoint three Attorneys jointly, and one later stops acting, your named replacement may take over all the decisions, leaving the remaining original Attorneys with no say at all.
To avoid this, you may wish to appoint Attorneys to act jointly and severally. Or, you could include a carefully drafted instruction saying that the remaining Attorney(s) can continue if one can no longer act. Alternatively, you can make some important decisions jointly and allow others to be made separately.
Confusing “People to Notify”
The “People to Notify” section is to inform family or friends that the LPA has been registered. A frequent error is listing Attorneys in this section, which will halt the application process.
2. Common mistakes in LPAs: making instructions
Preferences versus instructions
There is an important distinction between stating your preferences and your instructions, which is self-explanatory. But when they are poorly drafted, they can create uncertainty. For example, “I want to remain living at home for as long as possible” and “I must never be moved into residential care” are very different.
Contradictory requests
Contradictory requests can create legal uncertainty, and your wishes may not be met. For example, if you also have a Living Will that sets out any instructions about medical treatment you do/do not wish to receive, you must ensure it’s mirrored in your Health and Welfare LPA.
Business arrangements
If you are happy for the same attorney to handle both your personal finances and business interests, one Property and Financial Affairs LPA can cover both. But if you want different people managing each one, you should create separate LPAs and clearly state what each attorney can and cannot deal with.
You should also check that the arrangements work with your company’s Articles of Association, shareholder agreements or partnership agreement.
Life-sustaining treatment
It’s important to state your choices about life-sustaining treatment explicitly in your LPA. Leaving it blank or failing to sign and witness the page may mean this decision is left to doctors, rather than your Attorneys.
Unlawful or unworkable instructions
Your LPA must not require your Attorneys to do something illegal (e.g. assisted dying), or outside of the principles of the Mental Capacity Act. Any details like this will be ignored or challenged.
3. Common mistakes in LPAs: choosing a certificate provider
When you create an LPA, you must choose a certificate provider. This is actually an individual rather than an institution. It can be anyone over 18 who can confirm that you understand the LPA, are acting freely, and are not being pressured or defrauded. The exceptions are your Attorneys, family members including spouses, civil partners, children and in-laws, business partners or employees of your or your Attorneys, and employees of the care home where you live. See the OPG’s full rules here.
If you choose someone who isn’t allowed under the OPG’s rules, it will prevent registration and create delays.
4. Common mistakes in LPAs: application form errors
The Office of the Public Guardian (OPG) states that around 15% of LPA forms contain errors. This can cause delays and stop your LPA being registered.
Here are the most common mistakes to avoid when completing the LPA form:
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Using the wrong form, or an out-of-date form
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Missing pages, not checking mandatory boxes
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Missing signatures and signing in the wrong order
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Using the wrong witness – they must be over 18 and not a named attorney
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Putting financial instructions in a Welfare LPA and vice versa
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Using pencil, correction fluid or stickers
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Missing details, such as the witnesses’ address or incomplete names (always use full names, including middle names and never nicknames)
5. Common mistakes in LPAs: registration process
Another common error is failing to register an LPA with the Office of the Public Guardian (OPG). It can’t be used until it’s registered. In 2026, the registration fee is £92 per document, and it usually takes 8 to 10 weeks if there are no mistakes.
Registering it promptly gives you more time to correct any errors, which is important if you are facing a dementia diagnosis, as you can’t register it once you lose mental capacity.
Speak to Redwood Financial about making a Lasting Power of Attorney
While you can make and register an LPA yourself, Redwood’s support can help you avoid costly mistakes and prevent excess delays. It can also provide added reassurance that your LPA will actually work as you intended if it’s ever needed.
Professional support is particularly valuable if you have detailed instructions, more than one Attorney, business interests, an existing Living Will or complex family circumstances.
We can help you consider your options, prepare the LPA application form to ensure it reflects your wishes, and manage the registration process.
For more advice on this and wider Estate Planning, please get in touch.
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Frequently Asked Questions about mistakes on LPAs
Can I correct a written mistake on an LPA form after it has been signed?
Mistakes on the signed LPA form may be corrected by simply crossing out the error, adding the correct information and initialling it. Under OPB rules, you must not use correction fluid or stickers. Larger errors may require a new form.
What happens if the donor, witness or attorney signs in the wrong order?
Your registration can be refused if your LPA form is signed in the wrong order. The person registering the LPA (the Donor) signs first, the certificate provider signs next, and then the attorneys sign. All signatures must be witnessed.
Can an LPA application be rejected because of missing signatures or incorrect forms?
LPA applications are commonly rejected or delayed if there are missing details, the wrong or incorrect form has been filled out, or if there are contradictory requests. Always ensure you are using the latest form, which can be found at gov.uk.
What happens if I lose mental capacity before my LPA has been registered?
If the LPA has already been properly made and signed, an attorney can still register it after you have lost mental capacity. However, it cannot be used until registration is complete.
The problem comes if a serious error is then discovered. Some mistakes require a new LPA, which cannot be made after the donor loses capacity. Someone may then have to apply to the Court of Protection instead.
Do I need professional advice or can I complete a DIY Lasting Power of Attorney myself?
You can make an LPA independently using the government forms and guidance available. However, it can be worthwhile to enlist the help of a professional if you have more complex requirements, multiple attorneys and replacements, if you own a business or if you have an Advanced Decision (Living Will). Whatever your circumstances, having your LPA professionally drafted can provide added confidence that your needs and wishes will be met as intended. It can also help avoid common errors and delays.
