What Can Invalidate a Lasting Power of Attorney?
30th January 2026
What Can Invalidate a Lasting Power of Attorney? is an important question for anyone setting up an LPA. A Lasting Power of Attorney is a powerful legal document, but it must meet strict rules to be valid. Knowing what could invalidate or void an LPA helps you protect your plans and avoid costly delays.
What mistakes can make an LPA invalid?
Simple errors are one of the most common reasons an LPA is rejected. Missing signatures, incorrect dates, or signing the forms in the wrong order can all cause problems. Each section must be completed exactly as required, and witnesses must be eligible and sign correctly.
Even small inconsistencies, such as using different names or addresses, can trigger queries from the Office of the Public Guardian.
Can lack of mental capacity invalidate an LPA?
Yes. The donor must have mental capacity at the time they create and sign the LPA. If there is evidence that the donor did not understand what they were signing, the LPA can be challenged and potentially cancelled.
This is why it is important to set up an LPA early, while capacity is clear and unquestioned.
Can the wrong certificate provider void an LPA?
The certificate provider plays a crucial role in confirming that the donor understands the LPA and is not under pressure. If the certificate provider is ineligible, such as being too closely related or not meeting the criteria, the LPA may be rejected.
Choosing an appropriate and independent certificate provider is essential.
Can attorney behaviour invalidate an LPA?
An LPA itself is not usually invalidated by attorney behaviour, but misuse of powers can lead to serious consequences. The Office of the Public Guardian can investigate and apply to the Court of Protection to remove or replace an attorney.
In extreme cases, the court can cancel the LPA if it is no longer in the donor’s best interests.
What happens if the donor or attorney dies?
A Lasting Power of Attorney automatically ends when the donor dies. At that point, the Will or intestacy rules take over, and executors or administrators manage the estate.
If a sole attorney dies or becomes unable to act, the LPA may fail unless replacement attorneys were named. For joint attorneys, the way they were appointed affects whether the LPA can continue.
Can changes in relationships or circumstances void an LPA?
Certain changes can affect an LPA. Divorce or dissolution of a civil partnership can remove a spouse or civil partner as an attorney, unless the LPA states otherwise. Bankruptcy can also affect property and financial affairs attorneys.
Other life changes do not automatically invalidate an LPA, but they may mean it should be reviewed or replaced.
Can an LPA be cancelled or revoked?
Yes. As long as the donor has mental capacity, they can revoke an LPA at any time by completing a deed of revocation. Creating a new LPA does not automatically cancel an old one, so formal revocation is important to avoid confusion.
How can you reduce the risk of an invalid LPA?
The best way to avoid invalidation is to follow the official guidance carefully, use clear instructions, and ensure all parties sign correctly. Many people choose an online LPA service like Power of Attorney Online or solicitor to reduce the risk of errors and ensure the document is legally robust.
Planning ahead and checking the details gives you confidence that your LPA will be accepted and ready when you need it most.
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