Changes are on the horizon for Lasting Power of Attorneys (LPAs), with plans to modernise the current paper-based process and bring in a new digital system.
The Powers of Attorney Act 2023 set out the proposed reforms, outlining the planned digital process to both create and register LPAs online. The changes will include:
- registration only being possible by the person making the LPA – the ‘Donor’. This provides a safeguard by ensuring that no-one else can register an LPA for you without your knowledge;
- enhanced identity verification, for the Donor and also for the person certifying their capacity for the LPA;
- a wider range of individuals who are entitled to raise objections to the LPA;
- formal notices to nominated individuals being sent out by the Office of the Public Guardian (OPG), as opposed to by the Donor or their adviser.
The intention is to streamline the process and offer greater protection against fraud and this enhanced safeguarding by the OPG will be taken a step further by additional pending legislation which will give them wider powers to investigate an attorneys’ use of an LPA.
The launch date for the new online LPA process has yet to be announced. The new system will make the process more accessible but taking professional advice before setting up an LPA remains essential.
We can provide you with detailed legal advice specific to your situation, including guidance on your choice of attorneys and any additional provisions depending on your wishes and your assets. We will assist you in preparing a detailed letter of guidance for your attorneys if required, and can also advise on LPAs for business interests where relevant. Having a professional as your certificate provider helps reduce the risk of future challenge to your LPA, and ensures the document meets your needs so that you can be confident your affairs can be properly managed by those you trust in the future.
Our team in the Life Planning Department would be happy to talk to you about your Lasting Powers of Attorney and how we can assist you.
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