New Digital Powers of Attorney Bill Edges Closer

09/06/2023

A Private Members’ Bill that aims to modernise Lasting Powers of Attorney (LPAs) by allowing them to be made digitally is due for its second reading in the House of Lords next week (16 June 2023).

The Powers of Attorney Bill hopes to transform how individuals make and register an LPA by introducing a digital channel for applications while also improving the paper alternative.  

An LPA is a legal document that someone can create to name people that they trust to make decisions or manage their affairs, including their care, treatment and financial arrangements, if they are physically or mentally unable to do so themselves in the future.  An LPA cannot be made by a person who already lacks the mental capacity to make decisions.

To find out more about LPAs and their benefits, you can read our previous blog by clicking here.

Currently, LPAs can be made online but need to be printed off and submitted to the Office of the Public Guardian (OPG) to be registered. Although the OPG has a target of eight weeks to turn around applications, this has slipped to an average of around 20 weeks as the OPG continues to battle a backlog of applications from the Covid pandemic.

LPAs have also seen a surge in popularity over the last twelve months due to the UK’s growing ageing population and the increased prevalence of dementia, which has also contributed to OPG delays.

Figures released by the Ministry of Justice at the end of March revealed that there were 771,822 LPAs registered in 2022, up 9% compared to the previous year.

The new Powers of Attorney Bill hopes to make the application process more efficient by automating many checks that should reduce the risk of errors in the paperwork, which often cause delays in the registration of LPAs.

The Powers of Attorney Bill will:

• Create a digital channel to make an LPA while also improving the paper option. Applicants will be able to use one or the other or a mix of the two.
• Ensure only the donor can apply to register the LPA.
• Introduce new identity verification requirements for an application to register an LPA to be accepted.
• Require the OPG to notify the parties when an application to register an LPA is complete, and the registration process starts.
• Enable the OPG to operate a triage system for certain types of objections.
• Widen the people who can object to include third parties not named in the LPA.
• Provide for new forms of evidence of the LPA to be created and accepted.
• Allow Chartered Legal Executives to certify copies of LPAs.  

It is expected that the Bill will come into force later this year.

Lasting Power of Attorney Solicitors

This area of law can be complex. Unfortunately, it is not uncommon for disputes to arise regarding handling a loved one's affairs when the loss of capacity occurs.

Consulting a solicitor is the best way to make sure a Lasting Power of Attorney is properly set up and registered and that it is in the best interests of the donor.

At Russell & Russell Solicitors, our specialist private client team can advise on all matters concerning Lasting Powers of Attorney and Living Wills. 

We can also provide legal advice and guidance on the Court of Protection and have the knowledge and expertise to advise on the Mental Capacity Act 2005. 

For more information on how we can help you with your Lasting Power of Attorney or any other Wills and Probate enquiries, click here, call us on 0800 103 2600 or make an online enquiry.

Please note that this article is meant as general guidance and not intended as legal or professional advice. Updates to the law may have changed since this article was published.