Digital lasting powers of attorney: What the reforms mean for you

Digital lasting powers of attorney are going to change the way in which we can all prepare for the future.

The way we create and register lasting powers of attorney (LPAs) is changing. Thanks to the Powers of Attorney Act, the process is set to become faster, more secure and more accessible – a new digital era that will help to ensure your needs are looked after by those you trust in the future, when you are struggling to do so or have lost mental capacity.

What is a lasting power of attorney (LPA)?

An LPA is a legal document that allows an individual (the donor) to appoint someone they trust (the attorney) to make decisions on their behalf. These decisions can relate to:

• health and welfare
• property and financial affairs.

The traditional paper-based process

Historically, LPAs have relied on a paper-based system. This involved:

• posting physical documents between parties and organisations (eg. banks, healthcare providers), although there are now digital activation codes for LPAs made after 1 January 2016
• longer processing times
• a high risk of delays due to errors or missing signatures.

Digital lasting powers of attorney: How are they different?

The Powers of Attorney Act aims to modernise and streamline the LPA process through digitisation. Key improvements include:

• faster registration via an online platform
• enhanced identity verification to reduce the risk of fraud
• expanded rights to raise objections, improving safeguards for donors

Importantly, the paper-based option will remain available for those who are unable/prefer not to use the digital system.

The Office of the Public Guardian is currently conducting extensive testing on the new system to ensure that it is user friendly and mitigates any fraud issues. Full roll out dates have not yet been issued, but we will of course update you when we can – so stay tuned!

Whilst the online system is intended to make life easier for someone making an LPA, it is still recommended that you take legal advice when making yours to ensure that the documents have been made correctly and that all your needs and requirements are recorded accordingly.

If you have any questions or queries, please contact a member of our wills, trusts & probate team – we would be happy to help.

Our Legal 500-rated wills, trusts & probate team has the expertise to help you plan for the future and guide you through any difficult challenges that may arise, including those relating to LPAs.