The Powers of Attorney Act 2023 received Royal Assent on 18 September 2023 and will pave the way to a modernised journey for creating Lasting Powers of Attorney (LPAs). The Act is set to be followed up by secondary legislation that will make a number of other important changes and ensure that safeguards are imposed to protect donors.
We’ve summarised the key changes below:
- The new provision sets out that only donors can register an LPA.
- The Act will allow Lasting Powers of Attorney (LPAs) to be made entirely online or in the traditional paper format (or a mixture), and the Office of the Public Guardian (OPG) will recognise electronic versions of registered LPAs as legal evidence.
- The Act will introduce a change to the objection process, with a new safeguard allowing third parties with a valid concern to raise an objection directly with the OPG.
- The duty to notify named persons in the LPA will move to the OPG, thereby taking this responsibility away from the applicant.
- The Act will allow for regulations to set out how the OPG will complete comprehensive ID checks. These regulations could apply to any person named in the LPA i.e., the donor, attorneys, replacement attorneys and certificate provider.
- Two months from Royal Assent, the Act will authorise Chartered Legal Executives to certify copy LPAs. Previously, only donors, solicitors, stockbrokers and notaries were able to certify LPAs.
If you require further information on these changes, or if you have any other queries relating to Lasting Powers of Attorney, please contact our Wills & Probate Team on 01743 248545, or send an email to mail@hatchers.co.uk.
Rebecca Carter is the author of this article. If you would like to contact her directly, please send an email to r.carter@hatchers.co.uk.
