While it is easy to obtain a UK power of attorney, there are some common mistakes that introduce costs and delays so avoiding these means that your legal protection will be enacted more quickly.
Common mistakes and how to avoid them
- The forms needed to obtain a lasting power of attorney are lengthy and it is easy to accidentally miss out pages so always check that the form is complete before submission.
- Signatures and dates must be added in the correct order, so check that this is the case.
- A UK power of attorney must be signed and witnessed, so ensure that this is done by an appropriate individual so that it is legally valid on submission.
- Forms must be completed in pen and in full. Forms with Tippex corrections or that are written in pencil will be rejected, so if you make a mistake, it is better to start again than to try and correct it.
- If you have any issues or questions, speak to your family law solicitor or the Office of the Public Guardian for advice.
What happens if you get it wrong
If you submit your power of attorney application form with an error, it will be rejected and you will need to start again and pay another application fee. If, in the meantime, the applicant has lost mental capacity, it will be necessary to apply to the Court of Protection to become a deputy instead.
Using the online LPA tool will help you to submit an accurate application.
