Digital LPA vs Paper LPA: Powers of Attorney Act 2023 Explained
The Powers of Attorney Act 2023 received Royal Assent on 18 September 2023 and established a framework for modernising LPA registration, including a digital route. It did not remove printed signatures from the current process: the online service still requires you to print the forms and obtain the required signatures before registration.
In practice, the current process is hybrid: the online portal helps with drafting, but the forms still have to be printed, signed, and sent for registration.
What the Digital LPA System Changes
The 2023 Act provides the framework for changes to how LPAs can be registered, but the current online service does not accept digital signatures. It uses online accounts and, where required, GOV.UK One Login for identity verification; the forms still need to be printed and signed by the donor, certificate provider, attorneys, and witnesses.
The Act also provides for stronger identity-verification requirements and a route for third parties to object to registration, with the detailed operation set by regulations.
Paper Forms Still Work
The OPG continues to accept paper LPA forms (LP1F for property and financial affairs, LP1H for health and welfare). If you have already started the process on paper, you can still submit it — the digital system does not replace paper; it runs alongside it.
Paper applications follow the same rules they always have: black ink, strict chronological signing order, physically posted to the OPG in Birmingham, and an 8 to 10-week processing time. The £92 registration fee per document applies regardless of whether you use the paper or digital route.
Key Differences Between Digital and Paper
The core legal effect is the same after registration, but every LPA currently registered in the UK has a paper version. The online service provides a digital summary and access mechanism rather than replacing the registered paper instrument. The differences are procedural:
Digital route: Use the OPG portal for online drafting and, where required, GOV.UK One Login for identity verification. You still need to print the forms, obtain the required signatures, and follow the current registration instructions; the process is usually quicker when you make and pay online.
Paper route: Print and complete LP1F or LP1H, sign in wet ink following the strict donor → certificate provider → attorney sequence, witness signatures in person, post the original to the OPG. The stamped original is returned by post after registration.
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The Certificate Provider Role Under Digital LPA
One area of ongoing attention is how the certificate provider fulfils their duty as the digital service develops. The certificate provider must still have a genuine private discussion with the donor to confirm the donor understands the LPA and is acting freely. The current process still requires the form to be signed by the certificate provider as part of the printed application.
For families where the donor has early-stage cognitive decline, an in-person discussion with the certificate provider remains the safer option. It provides stronger evidence that the donor had capacity at the time of signing, which can be important if the LPA is ever challenged.
Should You Choose Digital or Paper?
If everyone involved is comfortable with online drafting and identity verification, the digital-first route may be more convenient and is usually quicker when you make and pay online. If the donor is elderly, unfamiliar with GOV.UK One Login, or has fluctuating capacity, paper may be more practical because it allows a structured signing day where everyone gathers and signs in the correct order with physical witnesses present.
The Lasting Power of Attorney guide walks through both routes step by step, including a signing-day checklist for paper applications and guidance on using the OPG digital portal.
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