At the end of September, the Powers of Attorney Bill received Royal Assent, meaning it will likely come into force in the next few months. Hoping to make the process of making a Lasting Power of Attorney quicker, safer and more efficient, this Act will digitalise the process and improve the existing paper method, too.

In this article, Gordons Partnership’s specialist private client solicitors explore the provisions of the new Act and consider whether it will meet its objectives to modernise and improve the LPA creation process.

What are Lasting Powers of Attorneys (LPAs)?

A Lasting Power of Attorney is a legal document that allows a person to name someone they trust to manage their affairs or make decisions on their behalf if they are mentally or physically unable to do so themselves in the future.

There are two main types of LPA, and a person can choose to make one or both:

Health and welfare – involving decisions regarding medical care, where a person should live and preferences regarding life-saving or life-sustaining treatment.

Property and financial – involving decisions relating to finances and property, including selling a house, paying bills, accessing bank accounts or collecting benefits.

What changes are introduced by the Powers of Attorney Act?

There are several changes that will be introduced in line with the Powers of Attorney Act. This includes:

  • Creation of a digital channel to make an LPA whilst improving the paper option.
  • Only the donor will now be able to register the LPA.
  • New identity verification requirements for an application to register an LPA is going to be accepted.
  • Checks that aim to reduce risks of error will be automated.
  • The Office of the Public Guardian (OPG) must notify parties when an application to register an LPA is complete and the registration process starts.
  • The OPG will have a triage system for certain objection types.
  • More people will be eligible to object to an LPA.
  • New forms of evidence of the LPA will be created and accepted.
  • Chartered Legal Executives will now be able to certify copies of LPAs.

What are the concerns associated with the new Act?

Although this reform is expected to be widely welcomed, some concerns remain nevertheless. The key concerns over the new digital system include:

  • Increase in the potential for fraudulent activity.
  • Alienation of the most vulnerable.
  • Enabling LPAs to lack detail regarding the proposed ID verification system.

We expect to see more information published by the OPG in the coming months as they continue to develop this system.

Solicitors for LPAs Guildford and London

Based in Guildford, Surrey and Central London, Gordons Partnership has a dedicated and highly experienced department of private client solicitors.

Having assisted clients for many years with various matters, including the creation and implementation of Lasting Powers of Attorney, we are excited to see how this development affects the overall process.

In all cases, consulting a legal professional to ensure your Lasting Power of Attorney is properly set up and registered is vital.

To speak to a member of our team today, please call 020 7421 9421 (London) or 01483 451 900 (Guildford). Alternatively, you can email sols@gordonsols.co.uk or fill in this contact form.