Lasting Power of Attorney – Digital Update

The Powers of Attorney Act 2023

This act paved the way for a much needed digital update in the way Lasting Powers of Attorney (LPA) are created and registered.

The making and registration of LPA’s is still largely done via paper based system, which requires the collection of signatures for the donor, attorneys, witnesses and certificate provider. The digital revamp will allow donors to create and register a LPA online, with errors being flagged immediately during the online process rather than rejected applications being sent back in the post.

Applications will be trackable online and it is envisaged the digital creation of LPA’s will significantly speed up the registration process, which is currently 8-10 weeks.

LPA ID Verification

Mandatory ID verification checks will also be carried out for donors and attorneys, which aim to reduce fraudulent applications and encourage the appointment of bona fide attorneys only.

Despite LPA’s moving into a new digital era, it appears that the risk of abuse with the use of a registered LPA will still be an ongoing concern, with no formal monitoring undertaken by the OPG.

There is currently no fixed date for the creation of digital LPA’s to go live however, even once this happens, users will still be able to use the paper based system if required. 

LPA Drafting

An LPA is a very important document. Working with a specialist solicitor can help avoid costly, or emotionally challenging errors in drafting. Some LPA’s may never come into play but when they do the process and roles and responsibilities need to be clearly laid out and in accordance with legal requirements.  

Lasting Power of Attorney Specialists

If you would like to discuss drafting a Last Power of Attorney with one of our specialist team please contact us.