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Powers of Attorney: Verification

Answer

Enduring Powers of Attorney (EPAs) are a different legal instrument from Lasting Powers of Attorney (LPAs). It has not been possible to create an EPA since 2007. EPAs are not compatible with the "Use an LPA" service and there are currently no plans to extend the service to support EPAs.

LPAs registered prior to 2016 were processed on a legacy Office of the Public Guardian (OPG) case management system. These are therefore not directly compatible with the “Use an LPA” service without significant manual intervention. For this reason, there are no current plans to extend the service to support pre 2016 LPAs.

The “Use an LPA” service is intended to allow those using an LPA to share more easily information with third party organisations. The information provided to those third parties is a summary of key information from the LPA and is not intended to be an office or certified copy of the LPA. This information is drawn from the latest data held on the OPG’s records. In all cases, the original paper deed remains the legal proof of the LPA.

The OPG holds 1,393,114 LPAs registered before 1 January 2016 that remain on the register but are not available through the “Use an LPA” service. There are also 337,081 EPAs currently on the register, which are also not available through the "Use an LPA" service.

OPG does not hold specific research on the potential impact of LPAs being unavailable through the Use an LPA service.

Neither does OPG hold specific research on the barriers faced by attorneys with pre-digital powers of attorney, including those with disabilities or caring responsibilities, where these cannot be accessed through the "Use an LPA" service.

For LPAs that were registered before 1 January 2016, evidence of a registered LPA is typically provided by presenting a certified copy of the document. It is for individual third parties to determine how they accept such evidence, which may include digital options.

OPG engages with organisations and companies which may interact with attorneys and support stakeholders to understand the various ways in which the validity or details of an LPA may be checked. OPG’s recently refreshed guide, 'Supporting customers who may not be able to make their own decisions', was published jointly with the UK Regulators Network and is designed to promote a more consistent customer experience.

Secondary information

Type

Written question

Reference

4385

Session

2026-27

Grouped for answer

Yes

Subjects

Digital technology Powers of attorney Verification

Contains statistics

Yes

Link

View this Written question on www.parliament.uk