Can You Make a Lasting Power of Attorney Yourself? Risks of a DIY LPA
Making your own Lasting Power of Attorney (LPA) in England and Wales can seem straightforward, but small mistakes can lead to rejection by the Office of the Public Guardian (OPG) or an LPA that does not work when it is needed. The most common problems involve choosing attorneys, setting up replacements, adding unclear instructions, and getting the signing process wrong.
An LPA allows you to appoint someone you trust to make decisions on your behalf if you lose mental capacity. Without one, your loved ones may need to apply to the Court of Protection for a deputyship order, which can be costly and time-consuming.
Because the government provides online LPA forms, many people consider making an LPA themselves. While this may seem like a cost-saving option, it can carry serious risks for you and for the people you appoint.
This article applies to England and Wales.
Quick answer: What are the risks of making an LPA yourself?
Making an LPA yourself can lead to rejection by the OPG, delays, or a document that prevents your attorneys from acting when needed. Common issues include incorrect attorney and replacement wording, unclear instructions and preferences, and signing errors.
What is a lasting power of attorney?
There are two types of LPA:
- Property and Financial Affairs LPA – covering decisions about money, property and bills
- Health and Welfare LPA – covering decisions about medical treatment, care and living arrangements
Both documents must follow strict legal requirements under the Mental Capacity Act 2005. If completed incorrectly, the OPG may reject the application, causing delay and additional cost.
In some cases, errors are not discovered until the LPA is needed – which can create significant problems at a very difficult time.
Why do people make an LPA without a solicitor?
People often choose to make an LPA themselves because:
- They believe it is straightforward
- They want to save legal fees
- They assume the online form removes legal risk
While the forms are accessible, they are not always simple in practice. Small wording errors, misunderstandings about attorney powers, or incorrect signing procedures can invalidate the document or make it difficult to use.
Common mistakes when making an LPA yourself (England and Wales)
Incorrect appointment of attorneys
One of the most frequent issues involves appointing multiple attorneys.
Do you want them to act:
- Jointly?
- Jointly and severally?
- Jointly for some decisions and jointly and severally for others?
If this is set up incorrectly, the LPA can fail. For example, if attorneys are appointed jointly and one can no longer act, the LPA may become unusable unless replacements were properly appointed.
Replacement attorneys must also be structured correctly. If not, the OPG may reject the document or it may not operate as intended.
Ambiguous instructions and preferences
The LPA form allows you to include preferences and legally binding instructions.
Poorly drafted wording can:
- Create confusion
- Contradict the core powers in the document
- Make the LPA unworkable in practice
For example, an instruction that unintentionally restricts your attorney’s ability to manage your finances could prevent them from acting when needed.
Professional drafting helps ensure instructions are clear, legally sound and workable.
LPA signing mistakes that lead to rejection
LPAs must be signed in a strict order:
- The donor signs first
- The certificate provider signs
- Attorneys sign
If the order is wrong, or dates are inconsistent, the application can be rejected.
During stressful times – such as illness or declining capacity – even small administrative errors can cause significant delay.
Problems with the certificate provider
Every LPA must include a certificate provider who confirms that:
- You understand the document
- You are not under pressure
- You have mental capacity at the time of signing
Choosing someone inappropriate, or failing to meet the legal requirements, can invalidate the LPA.
Risk to your attorneys
When an LPA comes into effect, your attorneys may already be dealing with:
- Your illness or injury
- Emotional stress
- Increased caring responsibilities
If the LPA is unclear, overly restrictive, or legally flawed, they may accidentally breach their duties.
Attorneys have legal responsibilities. Serious breaches can result in investigation by the Office of the Public Guardian or proceedings in the Court of Protection.
The last thing you want is for a loved one to face legal scrutiny because of an unclear document.
Why the Office of the Public Guardian rejects LPAs
Common reasons for rejection include signing in the wrong order, incorrect dates, missing sections, or using an unsuitable certificate provider. Some applications are delayed because the OPG requires clarification or additional information before it can register the LPA.
A rejection can mean delays, further stress, and in some cases paying the registration fee again to submit a fresh application.
What happens if an LPA is rejected?
If the OPG rejects your application:
- You may need to complete the forms again
- You may have to pay the registration fee again
- There will be delays before the LPA can be used
If capacity is lost before a valid LPA is in place, your family may need to apply for deputyship instead. This process is typically slower, more expensive and involves ongoing court supervision.
Making an LPA yourself vs professional help: what you are paying for
Professional support is not just about completing a form. It is about making sure your LPA actually works in practice.
Advice can help you:
- Appoint attorneys and replacements correctly
- Choose the right structure for multiple attorneys
- Include clear, workable preferences or instructions
- Avoid restrictions that accidentally prevent attorneys from acting
- Reduce the risk of rejection and delay
For many families, the value is peace of mind that the document will be accepted and usable if the worst happens.
Is making an LPA yourself ever appropriate?
For some straightforward situations, making an LPA yourself may be sufficient. However, many people underestimate the complexity involved.
Professional advice is particularly important if:
- You have a blended family
- You want attorneys to act in different ways
- You own a business
- You have overseas assets
- You want tailored restrictions or guidance included
Even in simpler cases, a professionally prepared LPA offers reassurance that everything has been done correctly.
The value of professional advice
At ELM Legal Services, we regularly help clients who:
- Have had an application rejected
- Are unsure how to appoint attorneys correctly
- Want to include specific wishes or safeguards
- Need urgent advice because capacity may be declining
We ensure:
- Attorneys are appointed correctly
- Replacement provisions are structured properly
- Instructions are legally sound
- The signing process is handled correctly
- Registration is completed smoothly
Most importantly, we make sure your LPA is ready to protect you when it is needed.
Speak to ELM about lasting powers of attorney
A Lasting Power of Attorney is too important to risk getting wrong.
ELM Legal Services offer a free initial meeting to discuss your circumstances and explain your options clearly. We provide straightforward advice and fixed-fee services across England and Wales.
If you would like to put a Lasting Power of Attorney in place – or review an existing document – contact our team today.
FAQs about making a lasting power of attorney yourself
Can I make a lasting power of attorney myself in the UK?
Yes. The forms can be completed without a solicitor. However, mistakes can lead to rejection by the Office of the Public Guardian or an LPA that does not work as intended.
What are the most common mistakes when making an LPA?
Common issues include incorrect appointment of attorneys or replacements, unclear instructions, and signing in the wrong order or with incorrect dates.
What happens if the OPG rejects my LPA?
You may need to redo the paperwork and there can be significant delays. In some cases, you may have to pay the registration fee again to submit a new application.
Do I need a solicitor for a lasting power of attorney?
You do not have to use a solicitor, but legal advice can help ensure the LPA reflects your wishes and can be used without issues.
Can my attorneys act separately?
They can, if you appoint them to act jointly and severally. If you appoint attorneys jointly, they must act together, and the LPA may fail if one attorney can no longer act.
What is a certificate provider and who can do it?
A certificate provider confirms you understand the LPA and are not being pressured. They must meet eligibility rules and cannot be certain family members or attorneys.
What is the difference between the two types of LPA?
A Property and Financial Affairs LPA covers money and property decisions. A Health and Welfare LPA covers care and medical decisions, and is generally only used once mental capacity has been lost.
