Lasting Powers of Attorney have existed for many years, but for a long time they were underused. Many people associated them with old age or assumed they were only relevant once something had already gone wrong. Others were put off by a paper heavy process that felt complicated and intimidating.
In recent years that attitude has begun to change. High profile cases involving lost capacity, combined with an ageing population and greater awareness of conditions such as dementia, have highlighted how important it is to plan ahead. The Covid pandemic also played a significant role, showing how quickly someone’s health can deteriorate and how difficult it can be for families to act without proper legal authority.
Against that background, the government and the Office of the Public Guardian have been working to modernise the system. One of the most significant developments is the introduction of a digital process for creating and registering Lasting Powers of Attorney.
Under the old system, LPAs were completed entirely on paper. Forms were lengthy and errors were common. A simple mistake such as a missing signature or an incorrectly dated page could result in the application being rejected months later. This caused frustration, delay and additional cost.
The new digital system allows people to complete applications online, receive prompts to reduce errors, and track progress more easily. For many, this removes a practical barrier and makes future planning feel more manageable.
However, while the process has become more accessible, the legal effect of a Lasting Power of Attorney has not changed at all. An LPA remains one of the most powerful legal documents an individual can make.
By signing an LPA, you are giving another person the authority to make decisions about your finances, property, medical treatment and daily care if you lose mental capacity. In the case of a property and financial affairs LPA, attorneys may be able to sell your home, manage bank accounts, deal with investments and interact with financial institutions on your behalf.
Once registered, an attorney’s powers are extensive and oversight is limited. For that reason, mistakes made at the outset can have serious and lasting consequences.
One of the most common problems solicitors see is inappropriate choice of attorney. People often appoint children or other relatives without fully considering their ability, availability or suitability for the role. In some cases, relationships later break down or attorneys move abroad, become ill themselves or disagree with one another.
Another frequent issue is failing to include replacement attorneys. Without replacements, the LPA may fail entirely if an attorney can no longer act. At that point, families are often forced to apply to the Court of Protection, which is far more expensive and time consuming than putting the right document in place initially.
Instructions and preferences also cause difficulty. Poorly worded clauses can prevent banks, care providers or medical professionals from accepting the LPA. What was intended as helpful guidance can unintentionally restrict attorneys or create uncertainty at exactly the moment decisions need to be made.
Family circumstances add further complexity. Blended families, second marriages, estranged relatives or vulnerable beneficiaries all require careful handling. An online form cannot identify potential conflicts or advise on safeguards to reduce the risk of abuse or disputes.
There is also the question of capacity and undue influence. A solicitor has a professional duty to ensure that the person making the LPA understands what they are signing and is doing so freely. This can be crucial if the LPA is ever challenged. LPAs created without independent advice are more vulnerable to allegations of pressure or lack of understanding.
The move to digital LPAs is a positive development. It removes unnecessary administrative barriers and encourages people to plan earlier. What it does not do is replace the need for professional judgment.
Using a solicitor ensures that the LPA reflects your personal circumstances, that risks are identified and managed, and that the document will work in practice when it is needed most. The digital system may make submission easier, but it is legal advice that provides protection, clarity and long term peace of mind.
