Lasting Power of Attorney: Accessing Online Accounts and Digital Assets

In today’s digital age, managing someone’s affairs under a Lasting Power of Attorney (LPA) goes far beyond bank branches and paperwork. From cryptocurrency wallets to social media profiles, our lives, and our assets are increasingly online. So how can attorneys legally and practically access these accounts when acting under an LPA?

Whether you’re planning ahead or already acting as an attorney, understanding your rights and responsibilities around digital assets is essential.

What does an LPA Cover?

There are two types of LPA:

• Property and Financial Affairs LPA – lets your attorney manage your money, property and financial matters
• Health and Wealfare LPA – covers decisions about care, treatment, and living arrangements

To access online accounts, including financial platforms, you’ll need to be appointed under Property and Financial Affairs LPA.

Accessing Online Accounts: What Attorneys Need to Know

Once the LPA is registered with the Office of the Public Guardian, attorneys can begin managing the donor’s affairs. But digital access isn’t automatic, you’ll need to take a few steps:

1. Register the LPA with Each Provider

Banks, crypto platforms, gambling sites, and even social media companies will require proof of your authority. You can now generate a secure access code via the ‘Use an LPA service’, which allows companies to verify your role without needing the paper document.

2. Provide Identification

Most platforms will ask for your ID and may require additional verification, especially for financial services.

3. Understand Platform Policies

Some companies, particularly crypto exchanges and gambling sites have strict privacy and security rules. Without clear instructions from the donor, access may be limited or even denied.

What About Cryptocurrency?

Cryptocurrency presents unique challenges. Unlike traditional bank accounts, crypto wallets are often protected by private keys and passwords that cannot be recovered if lost.

To ensure access:

• The donor should create a secure inventory of digital assets, including wallet addresses, platforms used, and access credentials.
• This list can be stored alongside the LPA or in a separate memorandum of wishes, which isn’t legally binding but offers practical guidance.

How to help your attorney:

• Include a digital assets clause in your LPA covering cryptocurrency
• Create a secure inventory of your wallets and where to find the access info (use an encrypted password manager or paper backup stored safely)

Gambling Accounts and Online Balances

Many people have money stored in online gambling accounts, PayPal, or other digital wallets. These are considered financial assets and can be accessed under a Property and Financial Affairs LPA, provided the attorney can verify their authority and the donors account details.

How to help your attorney:

• Include specific authority to deal with gambling accounts if relevant
• Clarify whether funds can be withdrawn, bets placed, or accounts closed
• Leave clear instructions about any systems or recurring stakes you’ve set up

Social Media and Email Accounts

While these may not hold financial value, they can contain sensitive personal information. Attorneys may need access to close accounts, manage communications, or protect the donors digital legacy.

Again, access depends on:

• The donor providing login details or instructions
• The platform’s own policies on account management after loss of capacity

How to help your attorney:

• Include social media and digital legacy in your LPA
• Maintain a list of your accounts and how they can be accessed
• Let your attorney know your wishes: Do you want your accounts closed? Archived? Or left as-is?

How to make things easier for your Attorney

Your attorney is there to act in your best interests – but without the right tools and information, their job can become incredibly difficult.

Here’s how to make it easier:

1. Be Explicit in the LPA

Make sure your LPA includes powers to manage:

• Digital assets (including cryptocurrency)
• Online accounts, including social media and email
• Gambling accounts, if relevant

2. Prepare a Digital Assets Inventory

Keep a separate record of:

• All digital accounts (email, crypto, banks, gambling, subscriptions)
• Where and how to access them (usernames, password manager location, 2FA devices)
• Any special instructions for each account

Tip: Don’t put passwords directly in the LPA – it’s a public document once registered. Use a secure password manager or a sealed letter stored in a safe place.

3. Have a Conversation

Talk to your attorney. Let them know:

• What you own online and where
• What you want done with it
• Where they can find the information they’ll need

It may feel uncomfortable now, but it’s far easier than expecting them to guess later.

How we can help

Digital assets are now a vital part of the estate planning. By preparing properly and including them in your LPA, you ensure your attorney can act effectively and responsibly on your behalf. Speak to our professional and experienced Private Client team today on 01525 378177 or email info@ommlaw.co.uk