Introduction
Lasting Powers of Attorney (LPAs) are foundation of capacity planning in England and Wales, allowing individuals (“donors”) to appoint trusted persons (“attorneys”) to make decisions about their property and financial affairs, health and welfare if they lose mental capacity in the future. The existing regime, established under the Mental Capacity Act 2005, has operated for nearly two decades, with significant procedural and administrative requirements for making and registering LPAs. However, a movement of legislative reforms now underway seeks to modernise this framework — principally through the Powers of Attorney Act 2023 and a new Powers of Attorney Bill currently awaiting the implementation of supporting regulations to launch the new digital system, which is expected in early 2026. These changes are composed to reshape how LPAs are created, registered and safeguarded against misuse.
Modernising the LPA Registration Process
One of the most significant changes introduced by the Powers of Attorney Act 2023 is the move towards a fully digital LPA system. Historically, LPA registration has been paper-based, leading to delays, errors and administrative backlogs with the Office of the Public Guardian (OPG). The 2023 Act enables the development of an online platform where donors can create and register their LPAs digitally, reducing processing times and facilitating real-time error detection. This reform also introduces identity verification steps for the donor and certificate providers to mitigate fraud risks.
Alongside digitisation, the reforms propose that only the donor can apply to register an LPA — a shift from the previous system where attorneys could sometimes register on behalf of the donor. This ensures that registration occurs while the donor still has mental capacity, reducing risks of later dispute or abuse. The government also plans to allow chartered legal executives to certify copies of LPAs, broadening the pool of permitted certifiers under the new regime.
Expanded Safeguards and Objection Powers
Reforms to the LPA framework also aim to strengthen safeguards against misuse and expand the group of people who can object to an LPA’s registration. Under the current system, objections are relatively constrained, and serious concerns often require a formal application to the Court of Protection. Proposed amendments would enable wider classes of individuals — such as local authorities or safeguarding professionals — to raise concerns directly with the OPG, which could then assess and potentially halt problematic registrations before they proceed. This change reduces the burden on the courts while maintaining a fair appeals process for contested decisions.
The reforms would also require the OPG to notify nominated individuals about upcoming registrations, replacing the donor’s existing duty to inform these persons. This adds an official safety net where potential issues, such as undue pressure or financial exploitation, can be identified earlier. These safeguards align with the protective principles behind the Mental Capacity Act 2005, whose purpose is to safeguard people lacking capacity and assist them in decisions where possible.
The Powers of Attorney Bill: Further Enhancements
Parallel to the 2023 Act, the Powers of Attorney Bill (a Private Members’ Bill introduced in 2025) seeks to go even further in reforming the LPA regime. Its provisions include:
- Placing formal duties on banks and care homes to recognise and support valid LPAs.
- Enhancing the investigative powers of the OPG to monitor attorney conduct and intervene where abuse is suspected.
- Mandating that attorneys notify the OPG when a donor dies, preventing continued use of an LPA after the donor’s death.
- Requiring the Secretary of State to review the effectiveness of OPG powers regularly and promote public awareness of LPA registers.
These measures are designed to ensure LPAs function effectively not only as legal documents but as practical tools for safeguarding vulnerable adults.
Fee Changes and Practical Impacts
Corresponding with legislative reform, the government has announced a fee increase for LPA registration: from £82 to £92 per application (effective from 17 November 2025). While modest, this change is intended to align fee income with the OPG’s operational costs as the system transitions towards full digitisation. Fee exemptions and remissions for low-income applicants remain part of the framework.
Case Law and Legislative Context
The legal background for these reforms remains the Mental Capacity Act 2005, which sets out the framework for decision-making on behalf of adults who lack capacity. Section 1 of that Act lays down its core principles (including presuming capacity and acting in a person’s best interests) that continue to govern LPAs. Although the MCA has been amended over time — for example to introduce Deprivation of Liberty Safeguards after the case of HL v United Kingdom (the Bournewood judgment) — the envisaged reforms focus more on procedural enhancements than on altering these substantive principles.
Conclusion
The UK’s LPA landscape is entering a period of profound change. The Powers of Attorney Act 2023 and the Powers of Attorney Bill together promise to modernise the creation and registration of LPAs, strengthen protections against abuse and streamline the system for users. Donors and attorneys alike should prepare for a digital first-approach, increased safeguards, and new duties for third parties like banks and care providers. However, transitional arrangements ensure that traditional paper-based processes and existing exemptions remain available where needed. As these reforms progress through Parliament and into practice, our private client department at Lewis Nedas Law will keep you informed to navigate the evolving regime effectively.
HOW CAN LEWIS NEDAS HELP YOU?
Our specialist department has been established for over 43 years – we deal with both non-contentious and contentious matters relating to LPAs.
Contact : Mary Nwabuzor who is a highly experienced and respected specialist lawyer in this field or alternatively, please contact us using our enquiries form or by telephone on 020 7387 2032.