Power of attorney registrations still facing delays - what's being done?

It took an average of 76 working days (15 weeks) to process a power of attorney application in 2023-24 - almost double a target of 40 days (or eight weeks), according to the latest Office of the Public Guardian (OPG) annual report.

Power of attorney is a legal document where one person (the donor) gives others (their attorneys) the right to make decisions on their behalf. In England and Wales, lasting power of attorney (LPA) can cover property and financial affairs (whether or not the donor has mental capacity), as well as health and personal welfare (effective only when the donor is unable to make decisions). Both must be registered with the OPG before they can be used. 

Here, Which? takes a closer look at how long it could take to register a POA now, what's behind the delays and what's being done to help process applications.

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How long does it take to register a power of attorney?

According to the latest annual report from the OPG covering April 2023 to March 2024, the average processing time for power of attorney applications was 76 working days or 15 weeks. 

That's down from 91 working days (18 weeks) in 2022-23 but still way off the OPG's target of 40 working days (eight weeks).

Improvements were made throughout the year to speed up processing. For example, applications registered and dispatched in April 2023 took 80 working days on average, but this fell to 62 working days in March 2024. 

Currently, the OPG advises allowing up to 20 weeks for processing — double the pre-pandemic timeframe of 10 weeks.

• Find out more: how to set up a power of attorney 

What's causing the delays?

According to the annual report, a surge in applications and a backlog as a result of the pandemic has led to delays. 

The OPG said it received the highest-ever number of power of attorney applications in 2023-24 totalling 1,370,546. That's up 28% compared to the 1,073,032 received in 2022-23.

Currently, there are more than eight million LPAs and EPAs on the register.

At the end of the last financial year (March 2023), the backlog stood at 223,200 LPAs, rising to 288,100 by August 2023 before falling to 149,400 by March 2024.

• Find out more: power of attorney problems revealed 

What's being done to speed up applications?

The OPG says it recruited more staff and took on extra office space to reduce the backlog. 

Its annual report states: ‘Achieving this has required additional resourcing, shift working patterns, overtime working, staff training across multiple work areas, and continued focus on productivity and process efficiencies.

‘We remain determined to make further progress in clearing the backlog fully and are aiming to achieve this during the next financial year.’

• Power of attorney services from Which? - write your power of attorney and get it reviewed by a specialist. Our review aims to make sure your POA works as and when you need it to.

What else is being done to improve the service?

Here are other improvements the OPG has implemented to improve its service.

Customer service

The OPG handled 240,000 customer calls last year, up from 203,000 the previous year. Only 31% were answered within five minutes, missing the 90% target. 

To improve, it opened a new Birmingham contact centre, extended weekday hours, added more FAQs online and introduced a dedicated phone line for card payments. 

Improved digital services

The OPG has enhanced its ‘Use an LPA’ online service, allowing donors and attorneys to share LPA details digitally with third-party organisations. 

Updates include clearer guidance on the difference between registration reference numbers and activation keys and the ability to view instructions and preferences online. 

Modernising PoA system

The Power of Attorney Act received royal assent last September which should bring the existing paper-based system online to speed up registration, as well as improve safeguards around the process to prevent fraud. 

The OPG said the modernised service is currently in design and development and customer testing will begin once the final details are in place.

• Find out more: power of attorney system to go online

How to make registering a power of attorney quicker

If you need to register powers of attorney, there are a few common mistakes you should avoid to reduce the risk of the OPG delaying your application further:

• Using the wrong form - there are two types of LPA: a health and welfare LPA and a property and financial LPA. Make sure you fill out the right form for what you need.
• Signing the form in the wrong order - the forms must be signed by five people or sets of people, in a specific order. If the signatures and dates show this order wasn't followed, the application will be rejected.
• Missing information - names, addresses and dates of birth of the donor and attorneys must be included in full.

Find out more:  5 power of attorney mistakes to avoid

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