A Freedom of Information (FOI) request has revealed that neither the Ministry of Justice nor HM Treasury has allocated investment for the digitalisation or reform of the Lasting Power of Attorney (LPA) process in the June 2025 Spending Review.
The Office of the Public Guardian (OPG) is fee-funded and was therefore not considered for investment in the Spending Review. Meanwhile, HM Treasury confirmed it held ‘no information’ in scope of the FOI request.
Digital reform of LPAs has been discussed for years, but progress has been frustratingly slow. For those who are digitally confident, a quicker, clearer process could reduce delays and unnecessary stress.
But we live in a world so desperate to be efficient, we risk losing some of our humanity. Some of my clients don’t even have internet access. Many older people are not online—though plenty are managing Facebook better than I can!
I remember when mobile phones first arrived. You were asked, ‘Who are you going to call or text? No one else has one!’ Technology changes lives, but we must be careful not to assume everyone is on the same track.
There is a lot of fear surrounding LPAs. People worry they are handing over their rights immediately. But the health and welfare LPA only becomes active once a doctor confirms a loss of capacity.
The real problem is that the LPA process is complex and intimidating. People need time to read and understand the forms. The language should be clear and accessible—something an 80-year-old feels comfortable navigating.
We need twin tracks: one for those who want a quick, digital process, and another for those who need time and support to get it right.
Many have faith that their family will have more of a say, and that the NHS, government, or banks will step in with support during a crisis.
But without a valid LPA in place, families are often legally restricted. Even close relatives can be locked out of critical decisions—from speaking on someone’s behalf in hospital to managing bank accounts or paying bills.
The state (via social services, the NHS, or the Court of Protection) can become the default decision-maker. Families may find themselves sidelined, not due to a lack of care, but because the law requires proper authority. An LPA gives loved ones the legal standing to act in your best interests—without lengthy delays or court involvement.
There’s also the matter of perception. Because the OPG is fee-funded, there is little public understanding or visibility of the vital role LPAs play. If it were a taxpayer-funded body, perhaps there would be greater public awareness—and faster reform.
This is not just about modernisation. It’s about protecting people when they are at their most vulnerable, and ensuring no one is left behind in the race to go digital.
References
Based on reporting from Today’s Wills and Probate, August 2025: https://todayswillsandprobate.co.uk/calls-for-renewed-digital-focus-on-vital-lpa-reform/
Statements by PowerofAttorneyOnline.co.uk regarding FOI findings on LPA digitisation and lack of funding in the June 2025 Spending Review.