All change at the Office of the Public Guardian

Written by Chris Thomas - 18.02.25

Lasting Powers of Attorney (LPAs) are some of the most important documents a person will sign during their lifetime. They remain the best way to protect yourself and your family against some of the fall-out that can go hand-in-hand with a decline in health.
Like any insurance cover it is hoped it will not have to be relied upon, but if it is needed a well-made LPA can be invaluable.

For many months LPAs have been plagued by registration delays at the Office of the Public Guardian (OPG). Waiting times have fallen now, from about 26 weeks at its peak, to 8-10 weeks. This matters because an LPA is invalid until registration is complete. The reduced waiting time means it is as quick as it has ever been to secure protection for you and your family by implementing LPAs.

More fundamental reform of the LPA process is looming:

The OPG is gearing up for digitalisation of the creation of LPAs. This will have significant implications for solicitors and their LPA clients and almost inevitably there will be teething problems. We anticipate these changes will be phased in starting in the Spring. Although the precise date for digitalisation and some of the procedural details are not yet known, we know some key points:

The LPA forms will be split into discrete sections; each section only be released when the previous section has been completed. This will reduce scope for errors.
The certificate provider will have to verify their identity – a new requirement
Only the donor will be able to register their LPA
The registration fee (currently £82) will be accelerated so that payment will be due before the certificate prover signs the LPA
Digital LPAs will be available for viewing online

LPAs can offer huge potential benefits, but they also pose a corresponding degree of risk. At Laurus we see significant value for clients in obtaining professional advice when making LPAs to maximise the chances of locking-in the benefits whilst mitigating the risks. We believe we can add value to the process, both paper and digital, in a number of ways:

Advice

Identifying the benefits and risks of LPAs
Assisting in selection of suitable attorneys and, in particular, how they should act
Providing guidance on choosing the trigger moment for when an attorney’s authority arises under an LPA
Informing donors and attorneys of what they are able to do, and the limits of powers under LPAs

Drafting

Providing donors with peace of mind and building-in suitable safeguards
Setting out a clear and transparent basis on which attorneys are to make decisions
Helping to ensure a seamless transition to having your affairs managed for you
Minimising difficulties attorneys may otherwise encounter with third parties

Procedural

Acting as certificate provider
Reducing the chances of LPAs being rejected by the OPG

Do not be lulled into thinking LPAs are straightforward merely because they can be completed online – digitalisation adds to the risk that important considerations will be missed. For more information, or to seek our advice on one of the most important documents you will ever make, our experienced team is here to offer practical guidance and peace of mind.

About the Author:

Chris Thomas is a highly experienced private client solicitor with over 25 years of expertise in advising individuals, personal representatives, and trustees on estate planning, inheritance tax, and probate matters. As a full member of STEP and the Law Society Private Client section, Chris is dedicated to helping clients navigate complex legal issues with clarity and confidence. Whether you're looking to set up an LPA, manage an estate, or plan for the future, Chris provides tailored advice to ensure your affairs are in order.