Financial expert Martin Lewis recently reminded viewers of something many people overlook: the importance of having a Lasting Power of Attorney (LPA) in place. An LPA is not just for later life, it’s a vital safeguard for anyone who wants to ensure their wishes are respected if ever they were to lose mental capacity.

But there is more to the story. The way LPAs are created and registered is evolving, thanks to the Powers of Attorney Act 2023. These changes aim to make the process more secure, more digital, and more streamlined. In this blog, we will explain what an LPA is, why you need one, and what is changing in 2026 and beyond.

What Is a Lasting Power of Attorney?

A Lasting Power of Attorney is a legal document that allows you to appoint people you trust to make decisions on your behalf and in your best interests if ever you become unable to do so. There are two types of LPA:

• Property and Financial Affairs LPA – Covers decisions about money, property, and bills.
• Health and Welfare LPA – Covers decisions about medical treatment, care, and daily living.

Without an LPA, your loved ones may face delays and costs applying to the Court of Protection to manage your affairs. This can be stressful and expensive at a time when support is most needed.

Why Is Having an LPA So Important?

Life is unpredictable. Illness, accidents, or conditions such as dementia can leave you unable to make decisions for yourself. If that happens and you don’t have an LPA:

• Your family may not automatically have the right to act on your behalf.
• Banks could freeze accounts.
• Health and care decisions may be delayed.

An LPA gives you peace of mind that someone you trust can step in quickly and legally to protect your interests.

What is Changing Under the Powers of Attorney Act 2023?

The fundamentals of LPAs remain the same—appointing trusted people to make decisions if you lose capacity, but the process is being modernised. Key reforms include:

• Digital Registration Platform: A new online system will allow LPAs to be created and registered digitally, reducing delays and errors. Paper options will remain for those who prefer them.
• Identity Verification: Stronger ID checks for donors, attorneys, and certificate providers will help prevent fraud and protect vulnerable individuals.
• Registration by Donor Only: Only the person making the LPA (the donor) will be able to register it, ensuring greater control and oversight.
• Expanded Objection Rights: More people will be able to raise concerns during registration, and the process will be faster and more transparent.
• Certified Copies by Legal Executives: Chartered legal executives will soon be authorised to certify copies, making professional support more accessible

What Does This Mean for You in 2026 and Beyond?

Although these changes are not fully implemented yet, they signal a shift toward a modern, digital-first approach. Here is what you should consider:

• Review Your Existing LPAs: If you already have an LPA, check that it still reflects your wishes and circumstances.
• Plan Ahead for Digital Options: Consider whether you would prefer a digital or paper process when the new system goes live.
• Choose Attorneys Carefully: With enhanced ID checks and donor-only registration, selecting trustworthy attorneys is more important than ever.
• Act Before Capacity Becomes an Issue: LPAs can only be made while you have mental capacity, do not leave it too late.

Why Act Now?

The upcoming changes will make LPAs more secure and efficient, but they will not change the fundamental principle: you need an LPA in place before you need it. Life is unpredictable, and acting now ensures your wishes are respected and your loved ones are protected, without the stress of last-minute decisions.

Disclaimer: Nothing in this piece is legal advice and the issues covered are non-exhaustive. It is intended to provide information of general interest about current legal issues. Further, any reference to financial or related information is for completeness of the article only. As all circumstances are different, you should take specific legal and accountancy advice before acting in reliance on any of the information provided.