Consultation outcome

Modernising Lasting Powers of Attorney

From:: Ministry of Justice and Office of the Public Guardian
Published: 20 July 2021
Last updated: 29 June 2022 — See all updates

Applies to England and Wales

Read the full outcome

Consultation response

Ref: ISBN 978-1-5286-3266-9, CP 677

PDF, 737 KB, 138 pages

Order a copy

Moderneiddio Atwrneiaethau Arhosol: Ymateb y Llywodraeth

PDF, 982 KB, 143 pages

Making Lasting Powers of Attorney better (Easy read version)

PDF, 3.89 MB, 40 pages

Detail of outcome

The government response was published on the 19 May 2022 and sets out the government’s intended next steps based on analysis of the responses to the consultation.

We intend to improve witnessing, introduce identification checks and create a clearer process for objecting to the registration of an LPA, as well as introducing a digital channel and automation to aid in accessing the service and its sustainability. Creating a modern LPA service to make and register an LPA will require changes to the Mental Capacity Act 2005 and the supporting secondary legislation.

Original consultation

Consultation description

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.

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