Upgrade to Chrome Upgrade to Firefox Upgrade to Internet Explorer Upgrade to Safari
Legal News | 28.09.23

All Change! Lasting Power of Attorney reforms

The process for making and registering Lasting Powers of Attorney (LPAs) is being reformed, with the aim of modernising and simplifying the process but simultaneously making LPAs more secure, thereby safeguarding the interests of the donor.

The Key Changes:

Online applications: For the first time, the LPA application process can be dealt with entirely online.  The option to use the paper-based system will however remain for those who cannot or do not wish to access the online system.

Identification: Every individual involved in the application – donors, attorneys, replacement attorneys, and certificate providers – will be subject to an updated identity verification check whereby they will need to produce their passport or driving licence.  This is intended to act as a safeguard against potential fraud and abuse.

Application: Going forward, the donor will now be the only person who can initiate an application to register an LPA.  Previously, an attorney could register an LPA on the donor’s behalf.

The impact of these changes

While the Office of the Public Guardian (OPG) is now focusing on developing, testing, and refining the new online platform, the hope is that once this new system is rolled out, the process of making and registering a Lasting Power of Attorney will become much quicker and vitally, more secure for the donor.

If errors do occur when the LPA is being prepared, then in the future it will be possible for these issues to be fixed online, instead of the current lengthy arrangement whereby documents are posted back and forth between the OPG and the donor.  This coupled with the fact that the OPG has increased its staff numbers should mean that the very important task of making LPAs becomes easier for all.


Posted By Our Wills, Tax, Trusts & Probate Team