Powers of Attorney Act 2023 and the OPG in England

What the Powers of Attorney Act 2023 Actually Changed

The Powers of Attorney Act 2023 received Royal Assent in September 2023, amending the Mental Capacity Act 2005 framework that governs how Lasting Powers of Attorney are created and registered. The headline change: England now has a statutory basis for a fully digital LPA system, designed to reduce the clerical errors that cause the OPG to reject tens of thousands of applications every year.

But "digital-first" does not mean "fully digital yet." As of 2026, physical wet-ink signatures are still mandatory. The Act created the legal framework for electronic signatures and digital witnessing, but those provisions require secondary regulations that have not yet been brought into force. Families making LPAs today use the OPG's online service to fill in the form digitally, then print, sign in strict order, and post the paper copy to the OPG for registration.

The practical changes that are already live:

• Identity verification for all parties. Every person named in an LPA — donor, attorneys, replacement attorneys, and the certificate provider — must verify their identity through the GOV.UK One Login system. This means scanning a passport or driving licence and completing a camera-based liveness check. If someone lacks photo ID, the system falls back to knowledge-based questions drawn from credit records or tax histories.
• Objection-period reform. The Act tightened the 4-week statutory objection window, clarifying who can object and on what grounds before the OPG registers the document.
• Fraud prevention measures. The digital identity checks were introduced specifically to combat the rising number of LPA fraud cases, where applications were submitted without the donor's knowledge.

How the OPG's Online Service Works

The Office of the Public Guardian runs the digital portal at gov.uk where families create, track, and manage LPAs. Here is the actual workflow:

Step 1 — Create the LPA online. The donor (or someone helping them) logs into the OPG's service using GOV.UK One Login. The system walks through selecting the LPA type — Property and Financial Affairs, Health and Welfare, or both — and entering the full details of every party: names, dates of birth, addresses.

Step 2 — Set decision-making rules. The donor chooses how attorneys should act: jointly (unanimous agreement required), jointly and severally (any attorney can act alone), or a hybrid. They can also add binding instructions or non-binding preferences in Section 7.

Step 3 — Print and sign. The completed form is generated as a PDF. It must be printed and signed in strict order: the donor first (witnessed), then the certificate provider, then each attorney (each witnessed). Signing out of sequence invalidates the entire application.

Step 4 — Post to the OPG. The signed document is posted with the £92 registration fee per LPA. The OPG's current processing time runs 8 to 10 weeks, including the mandatory 4-week objection period.

Step 5 — Digital access codes. Once registered, attorneys can access the "Use a Lasting Power of Attorney" portal to generate 13-character access codes (starting with 'V', valid for 50 days). These codes let banks, care homes, and utilities verify the LPA instantly online — no need to post certified copies for routine transactions.

The Fee Structure Under the New System

The OPG's registration fees remain separate from the Act itself, but they apply to every LPA created through the new system:

• Standard registration fee: £92 per LPA (£184 for both types)
• 50% remission: Available if the donor's gross annual income is below £12,000 (apply using Form LPA120, submitted at the same time as the registration)
• Full exemption: Available for recipients of certain means-tested benefits, though Universal Credit recipients now face an income assessment rather than automatic exemption following rule changes in February 2026
• Resubmission fee: £46 if the OPG rejects the application and you need to correct and resubmit

What the Act Did Not Change

Two things the Act left untouched that families need to understand:

The certificate provider safeguard remains. Someone independent — either a professional like a GP or solicitor, or a person who has known the donor for at least two years — must meet with the donor privately to confirm they understand what they are signing and are doing it voluntarily. Family members, named attorneys, and care home managers cannot serve as certificate provider.

The Mental Capacity Act 2005 capacity test still applies. The donor must be able to understand, retain, use, and communicate the decision to create an LPA. A dementia diagnosis does not automatically disqualify someone, but if there is any doubt, a GP capacity assessment (typically £200–£500) provides evidence that the LPA was made validly.

When the Fully Digital System Arrives

The Powers of Attorney Act 2023 contains provisions for electronic signatures and remote witnessing, but these require the Lord Chancellor to make regulations activating them. The Ministry of Justice has indicated this will happen in stages, with no firm date. Until then, the process remains print-sign-post.

For families dealing with a parent's declining health, the practical advice is straightforward: use the online service to create the LPA correctly, follow the signing order precisely, and register it now rather than waiting for a future digital version. The standard £92 fee and current 8-to-10-week timeline should be factored into planning, with remission or exemption available in eligible cases; every week of delay is a week closer to the point where a parent's capacity might be questioned.

If you want a step-by-step system that covers the signing sequence, Section 7 wording templates, certificate provider screening, and fee remission evidence gathering, the England Lasting Power of Attorney & Deputyship Kit walks through the entire OPG process with error-prevention checklists built around the current rules.

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