Powers of Attorney Act 2023 UK: What Changed and the New Online LPA
The Powers of Attorney Act 2023 received Royal Assent on 5 September 2023 — the first major reform to the lasting power of attorney process since the Mental Capacity Act 2005. Here is what changed, what stayed the same, and how to use the new system.
Why Was the LPA Process Reformed?
The lasting power of attorney system had been largely unchanged since 2007. Demand for LPAs had grown dramatically — the Office of the Public Guardian (OPG) registered over 1 million LPAs in 2022 alone — but the paper-only process was slow, prone to errors, and did not reflect how most people now manage their affairs. Common problems included:
- Forms returned with errors (incorrect dates, missing signatures, wrong sequence)
- Processing times of 20+ weeks during peaks
- Fraud risks where vulnerable donors were coerced into signing
- No way to make or submit an LPA digitally
Following a consultation in 2021, the government introduced the Powers of Attorney Bill in 2022. It passed through Parliament with cross-party support and received Royal Assent on 5 September 2023.
The Key Changes Introduced by the Act
1. Online application option
The Act enables the OPG to build and operate a digital channel for making an LPA. The new “Make an LPA” online service — launched in phased stages from 2024 — allows the donor, attorneys, and certificate provider to complete and submit their parts of the LPA digitally. The paper route continues in parallel. Applicants choose whichever channel they prefer.
2. OPG identity verification
Under the old system, the certificate provider was the primary safeguard against fraud — they confirmed the donor understood the LPA and was not being pressured. The Act gives the OPG new powers to independently verify the identities of the donor and attorneys. This verification is built into the online process but can also be required in paper applications where the OPG has concerns.
3. Digital certificate provider
Previously, the certificate provider had to sign the LPA in front of the donor (or at least review the completed paper form). The new system allows the certificate provider to complete their section digitally and independently — they no longer need to be present at the same time as the donor. This makes it easier to use a geographically distant but suitable certificate provider (for example, a former employer in another city).
4. Reduced scope for third-party objections
The Act modifies the notification and objection process. Under the old system, “persons to be notified” (named in the LPA) had 5 weeks to raise a concern with the OPG. The reformed system retains the ability to object but refines the grounds and process to reduce vexatious objections that were being used to delay or block legitimate LPAs — while preserving genuine safeguards.
What Did Not Change
The core legal structure of an LPA is unchanged:
- Two types of LPA still exist: Property and Financial Affairs; and Health and Welfare
- The donor must have mental capacity at the time the LPA is made
- The LPA must be registered with the OPG before it can be used (£82 per LPA, or free if on qualifying benefits)
- A certificate provider is still required — they must confirm the donor’s understanding and freedom from pressure
- Witnesses are still required — attorneys and the donor must sign in front of independent witnesses
- The Mental Capacity Act 2005 code of practice continues to govern how attorneys exercise their powers
- All existing registered LPAs remain valid and do not need to be redone
Old Process vs New Process: At a Glance
| Feature | Before the Act | After the Act |
|---|---|---|
| Application method | Paper only | Paper or online (your choice) |
| Identity checks | Certificate provider only | OPG + certificate provider |
| Certificate provider | Must sign paper in person | Can complete digitally (online route) |
| Registration fee | £82 per LPA | £82 per LPA (unchanged) |
| Processing time | 8–20+ weeks | Targeted at 8–12 weeks (online) |
| Existing LPAs | N/A | All remain fully valid — no action needed |
Making a New LPA in 2026: Practical Guidance
- Choose paper or online.The OPG’s new “Make an LPA” digital service is available at gov.uk/lasting-power-of-attorney. If you prefer paper, download forms LP1F and LP1H from the OPG website as before.
- Decide who your attorneys will be. You need at least one attorney for each LPA. Choose people you trust completely — they will have significant powers over your finances or health decisions. Consider appointing replacement attorneys in case your first choice cannot act.
- Choose a certificate provider. They cannot be a family member or an attorney. They must know you personally (friend, colleague) or professionally (GP, solicitor). Discuss your plans with them before you start — they will need to confirm your capacity and freedom from pressure.
- Sign the LPA in the correct order. The sequence matters: donor signs first, then certificate provider, then each attorney (in the presence of a witness). The online system guides you through this sequence automatically.
- Register immediately. An unregistered LPA cannot be used. Submit your application and pay the £82 fee as soon as possible. Registration can take weeks — do not wait until you need the LPA to register it.
Why an LPA Matters — Even If You Are Young and Healthy
LPAs are not only for the elderly. Mental incapacity can result from a stroke, accident, or illness at any age. Without a registered LPA, your family has no legal authority over your finances or healthcare decisions. They would need to apply to the Court of Protection for a deputyship order — a process that typically takes six to twelve months, costs several thousand pounds, and creates ongoing supervision requirements.
A registered LPA costs £82 per document — far less than the deputyship alternative — and is immediately available when needed. The Powers of Attorney Act 2023 has made the process simpler and faster, removing a significant barrier to making this essential document.
Frequently Asked Questions
Are LPAs made before the Powers of Attorney Act 2023 still valid?
Yes, completely. Any lasting power of attorney made and registered under the Mental Capacity Act 2005 before the reforms remains valid indefinitely. The new Act does not affect existing registered LPAs. If you hold a registered LPA granted before the reforms, you can continue to use it exactly as before. Old-style paper LPAs also continue to be accepted by banks, hospitals, and other organisations.
Can I still make a paper LPA after the Act?
Yes. The paper route has not been abolished. The Powers of Attorney Act 2023 introduced an online option as an alternative, not a replacement. The Office of the Public Guardian continues to accept paper LPA applications using the existing LP1F (Property and Financial Affairs) and LP1H (Health and Welfare) forms. The paper process is identical to how it worked before the reforms. Some people — particularly donors who are less comfortable with digital technology — may prefer to continue using paper.
What does the new OPG identity verification involve?
Under the reformed system, the Office of the Public Guardian verifies the identity of the donor and attorneys directly rather than relying solely on the certificate provider to confirm the donor's identity and understanding. The OPG may check identity documents or use digital identity verification tools. This change is intended to reduce fraud and undue influence in the LPA process, as some cases have involved LPAs made by people who lacked capacity or were coerced.
What is a 'digital certificate provider' under the new system?
The certificate provider role remains central to any LPA. They must confirm that the donor: understands the purpose of the LPA; is not being pressured; and has capacity to grant the LPA. The new system allows the certificate provider to complete their section digitally — they no longer need to be physically present with the donor at the same time. The certificate provider can review the document online and add their digital confirmation. The core eligibility requirements (cannot be a family member, cannot be an attorney, must know the donor personally or professionally) are unchanged.
How long does the new online LPA take to register?
The OPG's target processing time for online LPA applications is similar to the paper route — typically 8 to 12 weeks from submission, though processing times vary with demand. The online system aims to reduce administrative errors that historically caused delays (incorrect forms, missing signatures) because the system validates completeness before submission. Registration fees remain £82 per LPA (as at 2025), reduced to nil for those on qualifying means-tested benefits.
A Will and an LPA Work Together
Your will protects your estate after death. An LPA protects you while you are alive but unable to make decisions. Start with a legally valid will from WillSafe — then register your LPA directly with the OPG.