The system for creating Lasting Powers of Attorney (LPAs) is gradually moving into the digital age, with reforms designed to modernise the process, improve security and make applications easier to manage.

However, while the changes may simplify administration, they do not remove the need for careful planning when putting LPAs in place.

LPAs allow a person to appoint one or more trusted individuals to make decisions on their behalf if they lose mental capacity in the future. They remain one of the most important planning documents available, yet many people still delay making them until illness or a crisis arises.

The move towards digital reform follows the Powers of Attorney Act 2023, which aims to modernise the system in England and Wales. Planned changes include greater use of digital applications, stronger identity checks and additional safeguards intended to reduce the risk of fraud or abuse.

The reforms are also intended to improve the efficiency of the system overseen by the Office of the Public Guardian.

For many people, the changes may make LPAs appear more straightforward. However, the legal and practical issues involved remain as important as ever.

Choosing an attorney is often the most significant decision. Attorneys may be given authority over finances, property, investments and welfare decisions, and mistakes made at the planning stage can be difficult to correct later.

Questions also arise over whether attorneys should act jointly or independently, what replacement arrangements should be made and whether restrictions or guidance should be included within the document.

Capacity issues can add further complexity. An LPA can only be made while the donor still has mental capacity, meaning delays can have serious consequences if health deteriorates unexpectedly.
We regularly see situations where people focus on completing the forms themselves without fully considering how the arrangements will work in practice. A digital system may make the process easier to access, but it cannot replace advice on family circumstances, future care planning or the potential for disputes.

For many families, an LPA forms part of wider estate planning and long-term financial planning. The key issue is not simply creating the document but ensuring the right people are appointed, with appropriate safeguards and arrangements in place.

Please contact us if you would like advice about lasting powers of attorney collins@collinslaw.co.uk