Powers of Attorney Act 2023: What Changed for LPA Registration in England

What the 2023 Act Changed

The Powers of Attorney Act 2023 received Royal Assent in September 2023 and has been rolling out in phases since late 2025. It is the first major overhaul of the LPA system since the Mental Capacity Act 2005 created the current framework.

The changes are mostly procedural — the fundamental concept of an LPA (a legal document granting someone authority to act on another person's behalf) hasn't changed. But the registration process, identity verification, and objection procedures have been modernised significantly.

For families dealing with a dementia diagnosis, the practical impact is a more digital process that also introduces new safeguards against fraud and abuse.

Digital-First Registration

The Office of the Public Guardian has moved to a digital-first model. The online service supports digital identity verification and online processing, while paper applications remain available.

What this means in practice:

• Online identity verification — the OPG can verify the identity of everyone involved digitally, reducing the risk of fraudulent applications
• Digital processing — the digital route supports online handling and identity verification, but the OPG's current signing requirements still apply
• Registration still takes time — digital submissions do not remove the twelve-to-sixteen-week registration period, which includes the mandatory 28-day statutory waiting period for objections
• Paper applications still accepted — the digital channel is the primary route, but families without internet access or digital literacy can still use paper forms

The registration fee remains £92 per LPA document (£184 for both Property & Financial Affairs and Health & Welfare). The 50% remission for donors with gross annual income under £12,000 (via Form LPA120) is unchanged.

Stronger Objection and Notification Procedures

The Act introduced changes to how people are notified about an LPA and how objections are handled:

• Named persons must still be notified when the LPA is registered, giving them a statutory window to object
• A mandatory 28-day statutory waiting period allows objections before registration completes

This is relevant for dementia cases where siblings disagree about who should act as attorney. The notification process gives other family members a formal mechanism to raise concerns before the LPA takes effect.

Identity Verification Changes

One of the Act's key aims was tackling LPA fraud. The OPG now has the power to verify the identity of donors, attorneys, and Certificate Providers before registering an LPA.

The digital-first model adds identity-verification steps for people involved in the application.

For families, follow the OPG's current identity-verification instructions for everyone named in the LPA. If the donor lacks current photo ID, check with the OPG about accepted alternatives.

What Hasn't Changed

• The capacity requirement — the donor must still have mental capacity at the time of signing
• Two types of LPA — Property & Financial Affairs and Health & Welfare remain separate documents
• The Certificate Provider requirement — an independent person must still confirm the donor understands what they're signing and isn't being coerced
• The signing order — donor first, Certificate Provider second, attorneys last
• Registration fees — still £92 per document

Practical Steps for Families After a Dementia Diagnosis

The Act doesn't change the urgency — if your parent has been diagnosed with dementia, setting up both LPAs while capacity remains is still the single most important legal step. The digital process does not remove the need to act early: registration still takes twelve to sixteen weeks, and capacity can decline unpredictably.

Our Dementia Care in England guide includes a complete LPA setup checklist aligned with the current OPG digital system, plus guidance on the fee remission process and what to do if capacity is borderline.

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