Modernising Lasting Powers of Attorney

The lasting power of attorney (LPA) was introduced in 2007. It was designed to provide more flexibility and greater protections than its predecessor, the enduring power of attorney (EPA). However, the world is changing and people increasingly want to access services digitally. Digital channels provide many opportunities to improve access and speed of service, but they also require us to think anew about the safeguards we put in place in such systems.

It’s for these reasons that the Ministry of Justice and OPG are working to modernise LPAs. The aims of this work are to:

• increase safeguards, especially for the donor
• improve the process of making and registering an LPA for donors, attorneys and third parties
• achieve sustainability for OPG whilst keeping LPAs as affordable as possible for all people in society

Creating a modern LPA service will require changes to the Mental Capacity Act 2005 and the supporting secondary legislation. The Ministry of Justice has launched this consultation as we want your views on the potential changes to the legal framework for lasting powers of attorney.