Only 55.2% of Lasting Powers of Attorney applied for in September 2018 were registered, WHY?
Statistics from the Office of the Public Guardian show that a total of 77,541 applications to register Lasting powers of Attorney were received in September 2018 alone (59,079 paper applications and a further 18,462 online applications) BUT only 55.2% of those were completed and registered by the Office of the Public Guardian.
So, with so many applications (500 more applications in September 2018 compared to August 2018) it is clear that the importance of putting an LPA in place is recognised by many but why are so many applications not registered?
The application forms are lengthy and do not require completion by a professional and so many opt to make the applications themselves to save money.
However, a Certificate Provider is still required to sign each Lasting Power of Attorney to certify that the Donor (the person making the application) understands the power that they are giving in the LPA, have not been forced or pressured into making the LPA, there is no element of fraud in the application and that they have no cause for concern. This certificate provider must be independent and have known you for at least two years or be a doctor or lawyer.
Although much of the form may seem simple and easy to complete, with just over half of applications being completed by the Office of the Public Guardian, what are the most common errors?
We spoke to the Office of the Public Guardian to ask what the most common mistakes were, causing applications to be rejected and found the following:
The form is lengthy and requires the completion of both the Donor’s details and the Attorney’s details (the person being given the power by the Donor) in numerous boxes and inconsistency with this – whether this be incorrect spelling, inconsistent spelling, inconsistent dates of birth or address – this can cause the application to be rejected.
The application forms require signatures and the date that those signatures were completed to be inserted a number of times and the order in which this must take place is strictly stated in the forms. If this strict sequence is not followed, or dates are missing, this can cause the application to be rejected.
- Outside the box
The signatures throughout the form must remain inside the boxes given and so if the signatures go outside the box, this may cause the application to be rejected.
With an £82 application fee, that is not refunded if the application is rejected, it is important to ensure your application is completed correctly and also ensure the application is in place ready for when you need it. The form being rejected or sent back to be rectified can cause significant delays and this may well have severe consequences.
Lasting Powers of Attorney allow you, the donor, to give power to the person, or people, you trust most, to make decision for you when you are unable to.
Total Legacy Care are able to provide a Certificate Provider when completing your application for a Lasting Power of Attorney.
If you would like to have a free chat about Lasting Powers of Attorney, please contact us on info@TotalLegacyCare.co.uk or 01727 865 121