The landscape of Lasting Powers of Attorney (LPA) in England and Wales is undergoing significant reform, driven by the Powers of Attorney Act 2023 and a new Private Members’ Bill currently progressing through Parliament.

Key reforms

The 2023 Act, which received Royal Assent in September 2023, laid the groundwork for a modernised, digital-first LPA system. The aim is to make creating and registering LPAs easier, quicker, and more secure. 

Key features include:

• The introduction of a fully online application system, expected to reduce registration times from several months to just a few weeks.
• A paper-based route will remain available, ensuring accessibility for those less comfortable with digital tools.
• Identity verification requirements for donors, attorneys, and certificate providers, helping to reduce fraud and abuse.
• Hybrid LPAs, where part of the process is completed digitally and part on paper.

New Powers of Attorney Bill

In parallel, a new Powers of Attorney Bill (2024–25) is proposing further enhancements, including:

• Placing duties on banks and care homes to better recognise and support LPAs.
• Expanding the investigative powers of the Office of the Public Guardian (OPG).
• Requiring attorneys to notify the OPG upon the death of a donor.
• Promoting public awareness of the OPG's LPA registers.

Together, these reforms represent a major shift toward a more streamlined and protective framework for LPAs, reflecting the growing importance of future planning in an ageing society.

Why use a solicitor to prepare your LPA?

• Avoiding costly mistakes - solicitors ensure that your LPA is completed correctly, avoiding errors that could lead to rejection.
• Expertise in mental capacity - solicitors can act as certificate providers, confirming you understand the LPA and are not under pressure.
• Confidentiality and professional standards - solicitors are bound by strict confidentiality rules and regulated by professional bodies.
• Tailored legal advice - solicitors help you choose the right type of LPA and include specific instructions that reflect your wishes.
• Efficiency and peace of mind - solicitors manage the process from start to finish, reducing stress for you and your family.

For more information or support with LPAs, please contact me.