Lasting Powers of Attorney: The New Digital System and Why You Shouldn't Wait

Published on 13th Apr 2026

The way in which Lasting Power of Attorneys (LPA) are created and registered in England and Wales, is having its biggest transformation in decades.

One of the greatest misconceptions about an LPA is that they are only for the elderly. Accidents and illness can strike at any age. Without clear instructions of who is to act on your behalf, it can put additional pressure on your loved ones during a difficult time.

What is a Lasting Power of Attorney?

A Lasting Power of Attorney is a legal document that allows you to appoint one or more trusted people to make decisions on your behalf, if you lose the mental capacity to do so for yourself.

There are two types of LPA:

·         Property and Financial Affairs LPA. This covers your bank accounts, property, bills, and investments.

·         Health and Welfare LPA. This covers decisions about your medical care, living arrangements, and day-to-day welfare

We often think of this as a process for when someone is suffering from a degenerative disease, such as dementia or Alzheimer's. While rare, even these diseases can impact the young. However, an LPA is also there in case the worst should happen. If you were unfortunate enough to have a road traffic accident that left you unable to make decisions for yourself, an LPA would be able to step in and act in your best interests.

Without an LPA in place, even a spouse or adult child has no automatic legal authority to manage your affairs. Instead, you would need to go through the slow and costly Court of Protection process so that you can acquire the authority you need.

What Is Changing with LPA?

The Powers of Attorney Act 2023 is the catalyst for the biggest shake-up in estate planning since the 2007 Act that created LPAs in the first place. As of 2026 the digital rollout is in place. The key changes include:

·         A fully digital application system. The new system allows donors to create and register an LPA online, with errors flagged immediately during the process rather than applications being rejected and returned by post.

·         Real-time application tracking. Applications will be trackable online, and it is expected the digital creation of LPAs will significantly speed up the registration process, which currently takes 8 to 10 weeks.

·         Mandatory identity verification. The new system verifies the identities of donors, attorneys, and certificate providers to tackle growing LPA fraud. This means using government digital tools or standard document verification. It is an important safeguard that is long overdue.

·         Stronger objection rights. The new Act expands the group of people who can object to an LPA registration and simplifies how they do so, giving the Office of the Public Guardian more power to pause a registration if red flags are raised.

·         Paper applications remain available. For those who prefer it or who cannot access digital services, paper applications remain an option. The system is designed to be inclusive, not to exclude anyone.

What About Existing LPAs?

Existing LPAs remain fully valid. The new rules do not invalidate or replace older documents, and banks and other institutions must accept all validly registered LPAs regardless of when they were created. If you already have registered LPAs in place, you do not need to do anything.

Should You Wait for the LPA New System?

No. Waiting could leave you or a loved one vulnerable. If someone loses mental capacity before an LPA is in place, it is too late to make one.

The most important thing is not how you apply; it is that you have a valid, registered LPA in place while you still have the mental capacity to make one. A digital form does not make the important decisions for you.

Choosing the right people to act on your behalf, thinking carefully about any instructions and preferences, and understanding the legal responsibilities involved all require proper consideration. That is where having a solicitor guide you through the process makes a real difference.

How Nicholas and Co Can Help

Our private client team regularly helps individuals and families put LPAs in place. We will talk you through both types of LPA, help you choose appropriate attorneys, and make sure the document is properly drafted and witnessed so that it cannot be challenged later.

Getting an LPA in place is one of the most important things you can do to protect yourself and the people you love. Do not leave it until it is too late.

Contact us today to arrange a consultation with one of our specialists.