Guide
What are the most common Lasting Power of Attorney mistakes?
A Lasting Power of Attorney only helps if it works when it is needed. Most problems come from a handful of avoidable mistakes made at the start.
Last reviewed 2 November 2026. General information, not legal advice. All guides
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Mistakes people make when choosing
- Naming only one attorney with no replacement. If they die or cannot act, the document may not work.
- Choosing by family position, not ability. The eldest child is not always the best with money or the best at standing up for you.
- Not asking first. Your attorneys need to know the role and agree to it.
Mistakes in how it is set up
- Getting ‘jointly’ and ‘jointly and severally’ wrong. If attorneys must act jointly, all of them must agree, and the power can fail if one drops out. Choose the option that fits your family.
- Adding instructions that tie attorneys’ hands. Preferences are usually better than strict instructions.
- Only making one type. The property and finance one and the health and welfare one do different jobs. See our guide on the difference between them.
Mistakes after it is signed
- Not registering it. An unregistered LPA cannot be used. It must be registered with the Office of the Public Guardian.
- Leaving it in a drawer. Tell your attorneys where it is and keep the registered original safe.
- Never reviewing it. If an attorney moves away, falls ill or you fall out, you may need to make a new one while you still can.
Quick answers
Common questions
Can I fix a mistake in my LPA?
Sometimes, but not always. Some errors can be put right, others mean starting again. It is much better to get it right first time, and to do it while you have capacity.
Does an LPA still work if one of my attorneys dies?
It depends on how it was written. If your attorneys must act jointly, the power may end. Naming replacement attorneys avoids the problem.
Do I need to register my LPA straight away?
Yes. It cannot be used until registered, and registration can take several weeks, so do not leave it until you need it.
Keep reading
Related guides
Lasting Powers of Attorney
Choose who can make decisions for you if you cannot.
How long does it take to register a Lasting Power of Attorney?
What to expect when registering with the Office of the Public Guardian.
What is the difference between the two types of Lasting Power of Attorney?
What each type covers and why most people need both.
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