Accuracy matters when completing an LPA. Avoiding common LPA signing mistakes, such as incorrect dates or misplaced signatures, is essential to prevent invalidation. We assist in the registration of numerous LPAs every year and have come across several common errors. In this week’s article we outline frequent errors and practical tips to help you complete LPAs correctly the first time.
Dates
Please take the time to slowly and carefully write the date in the appropriate boxes (with one digit per box). Common errors include:
- 5 resembling 8
- 0 resembling 6 or 9
- 7 resembling 9
Do not overwrite or alter a date. If an error is made, reprint the page and re‑execute it. We have repeatedly had queries or requests from the OPG to resign pages with overdrawn/altered dates.
Each page that requires a date must be dated at the time of signing. Do not leave date boxes blank to be completed later.
Order of Dates
The OPG requires LPAs to be signed and dated in a strict sequence. Incorrect sequencing is one of the most overlooked LPA signing mistakes. and any ambiguity or out-of-sequence dating may result in rejection by the OPG. Refer to your Signing Guidance, and note in particular:
- Section 15 (page 20) must not be signed until all attorneys have completed their signatures in Section 11. The donor may only sign Section 15 on the same date as Section 9 (page 10) if all parties are signing on that same day and the signing order is preserved.
- Continuation Sheets 1 and 2 must be dated on or before the date the donor signs Section 9 (page 10), even though they are positioned later in the document.
Marks in the signature box
Only the signature should appear within the signature box. If signposting is needed for the donor or attorneys, use removable flags (for example, Post‑it notes) placed outside the signature areas. Avoid pencil marks as rubbing out can tear the paper, smudge ink, or leave indentations, any of which can lead to issues.
Witnesses – Common Errors
Ensure every signature that requires a witness is witnessed and that the witness signs and dates in the correct section.
Health and Welfare LPA, Section 5 (page 6): witnesses must sign in the witness section. A recurring error is signing in Option B by mistake
The full name of the witness is required. Middle names may be omitted if space is limited but do not use initials as that may cause issues during registration.
Provide the witness’s full postal address. For overseas addresses, write the state/province and country in full. For example, “California, United States of America,” not “CA, USA.” We have experienced rejections in the past for using abbreviations.
Manual amendments
Handwritten amendments may not be accepted by the OPG. If an error is identified, request a corrected version for signature rather than amending the existing document
Amendments to section 12 (page 17)
An LPA may be registered by either the donor or the attorneys, but not both together.
If the LPA states that the donor will register it, attorneys should not add their details in Section 12. Attorney details belong in Section 12 only if the attorneys are registering.
Do not duplicate the donor’s details in Section 12 if the donor is already ticked as the registering party.
Section 15 (page 20)
Only those named in Section 12 (the registering party or parties) should sign Section 15.
If the donor is registering the LPA, attorneys do not sign Section 15.
Signatures in Section 15 do not require a witness.
Correct Pages in the Correct LPAs
Where attorneys are remote and pages are circulated for signing, ensure that pages are inserted into the correct LPA:
- Property and Financial Affairs LPA pages are marked LP1F (bottom right).
- Health and Welfare LPA pages are marked LP1H (bottom right).
Do not mix LP1F pages into a Health and Welfare LPA, or vice versa.
Other frequent issues
The certificate provider must not be a person excluded from acting (for example, not related to the donor or to any attorney, and not an attorney/replacement attorney or their spouse/civil partner). If the certificate provider shares a surname with the donor or an attorney, include a brief covering letter when submitting to the OPG confirming there is no relationship to minimise OPG queries and delay.
It is common to prepare an LPA naming a child who is approaching 18 as an attorney. This is acceptable, but no part of the LPA may be signed by or for that attorney until after their 18th birthday. If any relevant signature is made while the attorney is a minor, the appointment will not take effect.
Conclusion
By paying close attention to dates, signatures, and witness details, you can avoid common LPA signing mistakes and ensure a smooth registration process. When in doubt, take a cautious approach and have pages re-signed before submitting the LPA for registration. If the OPG requires new pages to be signed after submission, this can lead to significant delays and may even incur additional costs if the application is returned and a new registration fee becomes necessary.
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