After receiving largely negative responses to removing the need for signatures to be witnessed, or remote witnessing, the ministry says it will look into replacing the witness with a similar function within the digital channel. LPAs will continue to be treated as a deed.

Solicitors will access the digital service from their existing case management systems. However, the ministry said future legislation will contain powers enabling the department to mandate the digital service for legal professionals.

The changes will require amendments to the Mental Capacity Act 2005. The government said it will bring forward legislation ‘when parliamentary time allows’.