Reforms Underway for Lasting Power of Attorney Service

The Office of the Public Guardian and the Ministry of Justice announced on 20th July major changes in the way a person appoints a Lasting Power of Attorney.

An LPA is a legal document that allows people to appoint someone (an attorney) to make decisions about their welfare, money or property in the event they cannot make those decisions themselves.

The proposals are set to introduce new and improved safeguards to protect donors from fraud and abuse, shifting to a predominantly digital service that enables the process to be made simpler and easy to use.

It comes as a drastically increased number of carers and family members are registering as an LPA in recent years to a record 5 million. The new process will eventually replace paper-based applications that have been used for over 30 years but still allows paper applications to those who are unable to use the internet.

A 12-week consultation launched last month will examine the entire process of registering to become an LPA, with a focus on increasing the OPG’s power to prevent fraud and abuse. There is, however, much to be determined in how the digital reform will ensure the secure process of witnessing while maintaining a speedy service. The OPG will seek more legal powers to stop or delay registrations that raise concern, as well as objecting to the registration of an LPA that could be a potential abuser. Any substantial changes will require amendments to the Mental Capacity Act 2005 that brought in the current system.

Justice Minister, Alex Chalk, said: “A lasting power of attorney provides comfort and security to millions of people as they plan for old age. These changes will make the service quicker to use, easy to access and even more secure from fraud.”

Since the OPG made online applications available in 2014, a number of donor’s fell victim to the “DIY” LPA service without the help of a solicitor. Traditionally, donors would seek professional services from a qualified solicitor however, for financial reasons, many sought to register themselves. Since then, many applications have been rejected by the OPG where mistakes are made, and the wording is not being fully understood. This has led to many donors having to pay repeat fees anywhere between £55 to £110 per document.

Nick Goodwin, Public Guardian for England and Wales, adds: “More people are taking the vital step to plan for the future by applying for lasting power of attorney, and we want to make sure that it is safe and simple as possible to do so”

It’s advised that any donor should appoint someone they fully trust as their lasting power of attorney. Abuse and family disputes often occur when that trust has been broken, which is why traditional methods of registering an LPA has proven to protect donors from fraud and abuse.

If you’re looking to appoint a Lasting Power of Attorney to make decisions on your behalf in the event that you cannot yourself, we recommend executing this decision with the consultation of a Probate Solicitor. For more information, visit Lasting Power of Attorney or call 023 8023 4433 to get started.

Disclaimer: Information on this webpage is not intended for legal purposes or advice. If you require legal advice or services you should seek a professional legal practitioner.