Yesterday, the Government launched a 12-week consultation to examine the process for creating and registering a Lasting Power of Attorney, with an emphasis on how technology can be used to reform the process of witnessing, improve access and speed up the service.
It will also look at making the process for objecting to the registration of an LPA simpler to help stop potentially abusive LPAs.
The aim is to make the service predominantly digital but alternatives will remain for those unable to use the internet.
An LPA is a legal document made by an individual, while they still have mental capacity, which nominates a trusted person who could be a relative or friend to look after their property and finances or make decisions about their health and welfare when they are unable to make such decisions themselves.
Find out more about Lasting Powers of Attorney
Private Client solicitor at Neves, Jennifer Garner, comments “A digital LPA could make the preparation and application process more efficient and speed up registration times with the Office of the Public Guardian (OPG). There is currently a 15-week wait for LPAs to be returned. However, there are concerns that relying so heavily on technology could open the system up to misuse or fraud, particularly with vulnerable individuals. We need to understand the extent of the safeguards the government are proposing to protect against fraud and abuse. We would always recommend obtaining the advice and assistance of a legal professional when making your LPA.”
If you would like to talk to Jennifer or another member of the Private Client team about setting up a Lasting Power of Attorney for either your property and financial affairs or a Health and Welfare LPA contact us on 0330 0945 500, email firstname.lastname@example.org or complete our Contact Form and we’ll get back to you.
To find out more about the proposals and leave your views visit consult.justice.gov.uk/opg/modernising-lasting-powers-of-attorney/