Lasting Powers of Attorney. New Legislation on Registration.

Parliament recently passed the Powers of Attorney Act 2023, aimed at making the registration of Lasting Powers of Attorney (LPAs) faster and simpler. This new law, effective from 18 September 2023, is set to revolutionise the current paper-based system managed by the Office of the Public Guardian.

The current system requires a significant amount of paperwork to be processed due to over six million LPAs being registered annually, resulting in more than 19 million pieces of paper submitted each year. To address this issue, the government plans to transition to an online service, which is expected to streamline the registration process and reduce errors.

Once the digital system is implemented, donors creating a Lasting Power of Attorney will have the option to register their document online after signing it. They can choose to complete the process entirely online, use a traditional paper-based system, or a combination of both.

A Lasting Power of Attorney is a legal document that appoints someone to manage your affairs in case you become incapacitated. There are two types of LPAs: one for property and financial matters, and another for health and welfare decisions. Having an LPA in place is crucial to ensure that someone can legally make decisions on your behalf when needed.

Under the new Powers of Attorney Act 2023, donors will be responsible for registering their LPA promptly after creation. The Office of the Public Guardian will handle notifying individuals listed in the LPA and will address any concerns raised by valid parties.

While the specific launch date for the digital system is not yet confirmed, efforts are underway to develop and refine the online platform. In the meantime, it is recommended to continue creating and registering LPAs through the conventional method to ensure readiness for future use.

If you are considering a power of attorney and are looking for advice on the same why not contact one of our specialist private client lawyers on 020 7537 7000 or email peter@london-law.co.uk for a free, no obligation consultation and see what we can do for you?

This blog was prepared by Alexander JLO’s senior partner, Peter Johnson on the 16th January 2025 and is correct at the time of publication. With decades of experience in almost all areas of law Peter is happy to assist with any legal issue that you have. His profile on the independent Review Solicitor website can be found here.