Understanding the Power of Attorney Act 2023: Key Changes 

The Power of Attorney Act 2023, introduced by Stephen Metcalfe MP and supported by the government, marks a significant step towards modernising the way Lasting Powers of Attorney (LPAs) are made and managed in the UK.

Here we have included a breakdown of what this new legislation entails and some of the key changes it is going to introduce:

What is an LPA?

A Lasting Power of Attorney (LPA) is a legal document that allows an individual to appoint another person to make decisions on their behalf. This could be regarding financial affairs or health and well-being, in the event that they lose the mental capacity to make these decisions themselves.

Improving an Outdated System

The current process for creating an LPA is heavily paper-based, with some procedures dating back over 30 years. According to the government “every year, the Office of the Public Guardian handles more than 19 million pieces of paper as a result of their offline system”. 

Bringing the System Online

One of the most significant changes introduced by the Power of Attorney Act 2023 is the transition to an online system. This change aims to make the process quicker, more accessible and more secure for anyone creating and relying on LPAs.

The Office of the Public Guardian (OPG) is currently developing this new online system, which will undergo thorough testing before being made available to the public. This modernised system and move to a digital format is a critical step in making the process more efficient and environmentally friendly.

Enhancing Security and Fraud Prevention

The transition to an online system will also enhance security measures, including identity checks for applicants. These measures will ensure that only authorised individuals can create or manage an LPA, protecting vulnerable individuals from potential exploitations.

Benefits of Digitalisation

The time it takes to complete the process will be significantly reduced as fewer paper trails are needed. Any potential errors will be identified and corrected promptly and the online system will be designed to be user-friendly, making it easier for individuals to create and manage LPAs.

There will be support put in place for those who cannot access the internet, particularly for vulnerable adults who may struggle with digital formats. For these individuals, an improved paper process will remain available to ensure everyone has access to this service as it takes a step forward. 

In response to the rising number of LPA applications, the OPG has increased its staff to process current applications more efficiently. It is reported that “the teams are now registering around 19,000 more lasting powers of attorney a month than before the pandemic”.

The Act also introduces several other important changes. The group of people who can object has been widened, the objection process has been expedited and chartered legal executives are now permitted to certify copies of LPAs, increasing the flexibility and accessibility of the process.

Lasting Power of Attorney at Thornton & Lee

The changes introduced by the Power of Attorney Act 2023 are a response to the significant increase in LPA applications in recent years and aim to bring the LPA process into the 21st century. More announcements are yet to come, but the changes could benefit countless individuals and families across the UK. At Thornton & Lee, we are committed to ensuring that all our LPA mental capacity assessments are completed to the highest standard of robust Court standard assessment, whilst approaching all appointments in a friendly yet professional way to ensure you or your loved one are placed at ease.

At Thornton & Lee we are also able to offer (at no additional fee to you), completion of a COP3 mental capacity assessment if despite our best efforts we cannot establish mental capacity to enter into LPA’s at the appointment. A COP3 which is a specialist mental capacity assessment required by the Court of Protection to grant powers to support those who do not have the required mental capacity to enter into a LPA.

If you need assistance with a mental capacity assessment to create a new Lasting Power of Attorney, use our contact form to request a free consultation or call us at 0333 772 9315 . One of our experienced and friendly Mental Capacity Assessors will be in touch to provide the help and advice you need.