Complete the form below to ask us a question or make an enquiry. We’ll get back to you via phone or email as soon as possible.


Avoiding Errors in Lasting Powers of Attorney: New OPG Guidance

Posted on 21st September 2023 in Later Life Planning

Posted by

Emma McAdam

Avoiding Errors in Lasting Powers of Attorney: New OPG Guidance

Lasting Powers of Attorney (LPAs) are lengthy documents which, as people will often know from experience, can offer many opportunities for mistakes. LPAs are used to appoint attorneys to deal with your affairs, should you need help or become unable to make decisions for yourself. LPAs are split into documents specifically for your property and finances, and for your health and welfare.

The documents must be signed by multiple parties in a very specific order and the wording used in the documents must also be precise to ensure that they are registered and used correctly.

Registering a Lasting Power of Attorney

LPAs need to be registered with the Office of the Public Guardian (OPG) before they can be used by attorneys and the OPG is notoriously strict in its interpretation of the signing process. Errors can therefore lead to the OPG rejecting LPAs, which can mean that the LPAs need to be signed again and the registration fees paid a second time.

Delays with LPAs can be critical, especially if the donor is elderly or seriously ill. This is particularly relevant at the moment, as the OPG estimates a minimum of 20 weeks to register LPAs. It is therefore crucial to make sure that the documents are signed correctly the first time.

New guidance on the LPA signing process

The OPG has recently released updated guidance on the LPA signing process: Avoiding errors when completing a lasting power of attorney form - GOV.UK ( The guidance highlights the need for meticulous attention to the instructions and thorough checking at the end of the process. For instance, any errors must be initialled by the relevant parties and dates must be in the correct order.

The OPG is currently reviewing the LPA process with the aim of digitising and streamlining the process. However, for the moment the existing process will continue and individuals need to be careful to comply with the requirements in order to put the necessary documents in place.

How can Tozers help?

If in doubt, it is best to instruct a professional to assist please contact our specialist later life planning team who will be more than happy to help.

Contact our legal experts

Company & Industry

Related Insights


How Remote Witnessing of Wills Changed During the Pandemic and Beyond

Posted on 29th February 2024 in Probate & Wills, Later Life Planning

In September 2020, the UK Parliament passed an order that amended the Wills Act 1837, a law that dates back to the Victorian era. The order allowed people to make valid Wills by using video-conferencing or other visual transmission, as long as the witnesses could see and hear the testator (the person making the Will) in real time. This was a temporary measure to help people who were self-isolating or facing lockdown restrictions due to the Coronavirus pandemic. The order applied to Wills made on or after 31 January 2020, and was initially set to expire on 31 January 2022.

Posted by

Sue Halfyard

Partner & Chartered Legal Executive

Lasting Powers of Attorney: Why Do I Need Them and When Should I Prepare Them?

Posted on 21st February 2024 in Probate & Wills, Later Life Planning

Making a Lasting Power of Attorney may seem like a task for another day, but as time goes on, our ability to manage our affairs may decrease or be prevented by an unexpected illness or accident. By making sure that you have the documents in place, and registered, this helps to ensure that a trusted person can step in to assist you when you need it most.

Posted by

Alice Carter-Tyler