Reforms to the system for creating and registering lasting powers of attorney (LPAs) are expected to take effect in early 2026, following further regulations under the Powers of Attorney Act 2023. The changes aim to modernise a process that has long relied on paper-based administration, while introducing new safeguards, identity checks, and expanded digital services.
LPAs allow individuals, known as donors, to appoint others to make decisions on their behalf if they lose mental capacity. The proposed reforms focus on how LPAs are prepared, signed, and registered, rather than altering their legal purpose. While the changes are intended to improve efficiency and reduce fraud, they also raise practical questions about access, safeguarding, and support for older or vulnerable people.
Background to the reforms
The Powers of Attorney Act 2023 received Royal Assent in September 2023. One provision has already taken effect, allowing chartered legal executives to certify powers of attorney alongside solicitors. The remainder of the Act is expected to be implemented through secondary legislation in 2026.
The reforms respond to operational pressures at the Office of the Public Guardian (OPG), which oversees the registration and supervision of LPAs. In recent years, the OPG has faced significant backlogs, long processing times, and rising volumes of applications. These issues have been linked to staff shortages, reliance on manual checks, and the size of the LPA register.
The updated framework is intended to streamline registration, reduce administrative errors, and strengthen safeguards against abuse, while maintaining the legal protections that underpin LPAs.
Shift toward a digital-first process
Under the proposed system, both digital and paper applications will remain available, but there is a clear emphasis on digital submission. Donors, or organisations acting on their behalf, will create online accounts using a government identity system with two-factor authentication.
Although the LPA will continue to be a legal deed, the preparation process will be divided into separate stages. Donors, certificate providers, attorneys, and trust corporations will each complete and sign their own sections. All required signatures must be completed within a two-year window.
This segmented approach is intended to improve clarity around roles and responsibilities, and to reduce errors that currently delay registration.
Expanded role for certificate providers
Certificate providers are responsible for confirming that a donor understands the LPA and is not being pressured into making it. Under the new framework, their role is expected to become more formalised.
They will be required to witness the donor’s signature and take a more active role in safeguarding. If a donor cannot sign digitally, an additional witness will be needed. Updated guidance is expected to clarify how certificate providers should assess capacity and identify potential undue influence.
Mandatory identity checks are expected to apply to donors and certificate providers. At present, these checks are not expected to extend to attorneys, although this aspect may be revisited as regulations are finalised.
Registration and objections process
Only donors will be able to apply to register an LPA under the new system. The registration fee must be paid before other parties sign the document, with online payment strongly preferred over cheques.
The reforms also introduce a digital service for correcting errors and notifying people named in the LPA. This is intended to reduce delays caused by minor mistakes, which currently require resubmission of paper forms.
Objections to registration will initially be handled by the Office of the Public Guardian. Where disputes cannot be resolved, parties will retain the right to appeal to the Court of Protection, which oversees decisions involving mental capacity.
Access and safeguarding concerns
While the reforms aim to modernise the system, they raise questions about how digital processes will work in practice for donors who are less confident with technology. Many older individuals may not have regular access to computers or smartphones, or may rely on face-to-face support when making legal decisions.
In current practice, advisers often prepare physical drafts for donors to review and approve. A fully digital workflow may make this more complex, particularly during home visits or where donors require additional assistance. It is not yet clear how donors will complete online documentation independently once professional support has ended.
Concerns have also been raised about digital access codes and account control. Donors and attorneys may be asked to provide online access to organisations such as banks or care providers, raising questions about data protection and oversight. There is also potential risk if attorneys gain control over digital accounts that donors are unable to monitor themselves.
Ongoing questions for the legal system
The reforms are designed to improve efficiency and security, but it remains unclear whether digitisation alone will reduce processing times or introduce new administrative challenges. Unlike other areas of private client law, such as probate or conveyancing, there is still no requirement for a regulated professional to act as certificate provider.
As regulations are finalised, practitioners and service providers will need clarity on how safeguarding, data protection, and access issues will be managed in practice. The success of the new system will depend on how well it balances efficiency with protection for those most at risk.
What this means
For donors, the changes may make it easier to create and register an LPA, but they may also require greater engagement with digital systems.
For professionals, the reforms introduce clearer roles and responsibilities, particularly for certificate providers, alongside new identity and signing requirements.
For the Office of the Public Guardian, the changes aim to reduce backlogs and modernise service delivery, while maintaining oversight through existing legal routes.
When and where
Source: Today’s Wills and Probate, January 2026.
