Thanks to the Powers of Attorney Act 2023, the Office of the Public Guardian (OPG) is preparing to launch a fully digital system for creating and registering LPAs in England and Wales. The goal? To make the process faster, safer, and more accessible for everyone.
What does this mean for you and your family? And should you wait for the new system before making an LPA?
John-Paul Dennis, Partner & Divisional Director of Private Client at Jackson Lees, outlines what you need to know.
What is changing under the Powers of Attorney Act 2023?
The OPG is modernising the LPA process in England and Wales. Key changes include:
- Digital applications: A new online system will allow LPAs to be created and registered digitally, with real-time error checking to reduce delays.
- Hybrid options: For those who prefer paper, a hybrid model will let you complete some steps online and others on paper.
- Identity verification: All parties, donor, attorneys, and certificate providers, will need to verify their identity to reduce fraud.
- Improved safeguarding: Wider objection routes and stronger OPG powers will help protect vulnerable people.
These changes aim to make LPAs more secure and user-friendly, but the details are still being finalised.
When will digital LPAs be available?
The Act received Royal Assent in September 2023, but the new system won’t appear overnight.
The OPG is currently developing and testing the new service, with phased rollout expected from late 2025 into early 2026, depending on technical readiness and legislative progress.
In the meantime, the current paper-based system remains valid, and any LPA you make now will still be recognised under the new rules.
Should I wait to make an LPA?
No. Waiting could leave you or a loved one vulnerable.
If someone loses mental capacity before an LPA is in place, it’s too late to make one. The current system works and acting now ensures your wishes are protected.
LPAs aren’t just for older adults. They’re essential for anyone who wants to plan ahead, including younger people who want to make health and financial decisions easier for their families.
How can I avoid common mistakes?
Even under the current system, thousands of LPAs are rejected every year for errors like incorrect signing order or missing witnesses. Working with a solicitor helps you:
- Get the paperwork right first time.
- Ensure the donor has mental capacity and understands the document.
- Add clear instructions and preferences to avoid disputes later.
Find out more about why LPA applications are rejected here.
What should I do next?
If you’re thinking about making an LPA, don’t wait for the digital system.
Our Wills, Trusts & Probate team can guide you through the process, explain your options, and make sure everything is done correctly.
We’re here to help you protect what matters most. Please give us a call, request a callback or make an enquiry to find out how we can help.