Changes to Lasting Power of Attorney

Beginning on 20th July 2021 the Ministry of Justice, along with the Office of the Public Guardian, are launching a 12-week consultation period over plans to modernise the process for making and registering a Lasting Power of Attorney. 

At present, to make a Lasting Power of Attorney a paper form must be completed and it can be a lengthy process overall. 

The consultation will review the process both for making and for registering a Lasting Power of Attorney. The ultimate aim is to introduce a service which is mostly digital. 

One of the key stages in making a LPA at present is to ensure that the parties involved sign in the correct order and that their signatures are appropriately witnessed. The consultation intends to look at the ways in which technology can assist with this process.

The press release published on 20th July 2021 states that  

“The proposed changes will fundamentally alter and update a process that has been in place for decades. While the service will become predominantly digital, alternatives such as paper will remain for those unable to use the internet.” 

One of the concerns which many individuals and professionals will no doubt have is to ensure that appropriate safeguards are still in place to protect the elderly and vulnerable members of society. Checks on safeguarding and consideration of the Office of the Public Guardian’s role in preventing fraud and abuse will be considered within the consultation alongside looking at how the process can be modernised. 

The full press release is available to view online: https://www.gov.uk/government/news/lasting-power-of-attorney-service-to-be-made-safer-simpler-and-fit-for-the-future 

The contents of this article do not constitute legal advice and are provided for general information purposes only.