Government announces revamp of lasting power of attorney system

Ministers announced plans on 19 May 2022 to change how lasting powers of attorney (LPAs) are made and registered in England and Wales, including a fully online application route for the first time¹. The Ministry of Justice and the Office of the Public Guardian (OPG) said the current paper-based system will continue to operate so people can choose the process that suits them¹.

Under the proposals, people would be able to make an LPA completely online, and new identification checks would require official documents or information such as a driving licence, passport or Government Gateway account as part of a strengthened verification process¹. The government also said it would look further into how a digital system could improve the witnessing process and make it simpler¹. The OPG introduced a digital tool in 2013, but the final stages, including signing, witnessing, attesting and delivering the LPA, must still be completed on paper¹.

An LPA is a legal document that lets a donor appoint an attorney to make decisions about their welfare, money or property¹. There are two types: property and affairs LPAs, covering decisions such as buying and selling property or managing bank or building society accounts or investments; and health and welfare LPAs, covering decisions about medical treatments and care arrangements such as where a person should live, who they contact and their day-to-day care¹. LPAs can be made by anyone over 18, though they are often used by older people¹. Although an LPA is a private agreement between individuals, the OPG must register it before it can be used¹.

The number of registered LPAs has risen to more than 6 million, and the service currently handles more than 19 million pieces of paper annually¹. The OPG is funded entirely from the fees charged to register an LPA and other services it provides¹. The announcement followed a consultation that ran for 12 weeks from 20 July until 13 October 2021, and the resulting proposals focused on the high-level changes needed to primary legislation¹.

Why it matters for households

Anyone who has made an LPA, or who may need to make one, is affected by how the process works. The government says the changes are intended to reduce errors by donors, attorneys and others involved, by picking them up and fixing them early, which it says will help cut waiting times¹. The OPG says the digital process will improve its efficiency and sustainability and reduce its carbon footprint¹. The paper route remains available, so the practical effect for households depends on which route they use and on legislation that has not yet been passed. The government has not reported a date for when the online route would open, and no commencement date for the identity checks has been given¹.

What happens next

The proposals focus on high-level changes needed to primary legislation, meaning they require changes in law before they can take effect¹. In parallel with the formal consultation, the OPG said it will continue engagement through workshops and user research, gathering evidence from a diverse range of people and organisations¹. No timetable for legislation or for the launch of the online service has been reported¹.