Applying for a lasting power of attorney is a reasonably straightforward process, but you will want to get it right the first time. Let’s look at six mistakes you should avoid.
1. Choosing the wrong people
Your application might not be accepted if you don’t choose the right witnesses or certificate provider. Your witnesses need to witness your signature in person and can’t be the attorney or attorneys; they must be a separate adult party. Your certificate provider can’t be related to you or your attorney, nor can they be your employee or your attorney’s employee. They need to have known you well for two years or more. A professional, such as a GP, can also do this.
2. Incomplete legal names
As an LPA is a legally binding document, the full names of all the parties must be correctly written, including middle names.
3. Missing information
Your application could be declined if any required information is missing, so make sure you fill in the details completely. Whether you are using a high-street solicitor or applying for power of attorney online, your advisor will help guide you. A company such as Power Of Attorney Online can be more cost-efficient and just as effective as a high-street solicitor.
4. Crossing out
If you make a mistake, don’t use correction fluid or scribble out your error. You will need to carefully cross through this and make sure the mistake is signed by both the donor and their witness.
5.Unclear instructions
You need to make your LPA as clear as possible in terms of your instructions. You need to ensure your instructions are both legal and offer plenty of clarity as to how you would like your affairs to be managed. Make sure your wishes are clearly worded and that it is possible to enact your wishes.
6. Signing incorrectly
You should be the first to sign. The certificate provider signs next to confirm you have mental capacity, then your chosen attorneys. This order needs to be correct to ensure your LPA is accepted.
