Upcoming changes to Lasting Power of Attorney registration – what do you need to know?
Major reform to simplify and streamline the Lasting Power of Attorney process is now well underway.
It includes plans to move the registration process to an online, paperless system currently being developed and tested by the Office of the Public Guardian before being rolled out for general use.
As specialists in this area of the law, we welcome this move to not only create a more user-friendly system but substantially reduce the risk of fraud.
However, as a date for the launch of the new system has yet to be announced, it is important not to wait if you, like a growing number of people, want to appoint a Lasting Power of Attorney (LPA) in the meantime.
Our experienced Wills and Mental Capacity lawyers, can explain today what you need to do to get the ball rolling to set up an LPA, a legal document arguably as important as a Will.
What is an LPA?
A Lasting Power of Attorney puts someone of your choice in control of decisions about your finances and if you choose, your health and welfare too. The person you appoint is supposed to act always in your best interests.
There are two types of LPA. One for property and financial affairs and one which covers health and welfare decisions and can include end of life care. You can have one or both.
A property and financial affairs LPA can be used as soon as it is registered with your permission as donor. A health and welfare LPA can only be used when you are unable to make your own decisions.
For an LPA to be valid, the person making it, known as the donor, must fully understand the implications of the arrangement at the time. It’s called having mental capacity.
What changes will the Lasting Power of Attorney Act 2023 bring in?
There has been much criticism of the current system which is slow, difficult to navigate and can leave vulnerable people at risk of fraud.
Once the new legislation is fully in force, changes will include:
- Making it possible to make an LPA entirely online, reducing the registration process from 20 weeks to two weeks.
- Improving the paper route, which will continue to operate alongside the digital route, for those who need it and to ensure that documents remain available for organisations requiring paper copies.
- Combating the risk of identity fraud with verification checks to protect vulnerable people from abuse and fraud. Everyone involved with the LPA, for instance, the donor, attorneys, replacement attorneys and the certificate provider, will be checked by the Office of the Public Guardian.
- Protecting the donor further by dictating they must register an LPA application themselves. An attorney will be unable to do this.
- Speeding up the process to a digital system should help reduce the backlog and make spotting errors at an earlier stage easier. Errors will be rectifiable online instead of forms having to be posted backwards and forwards between the donor and the Office of the Public Guardian (OPG).
- Providing a new single route for all objections to an LPA – there are currently different routes for different people. This will make it much easier to register a concern.
- Establishing a single central source for LPAs by registering them as electronic documents.
Why choose Wards?
We help hundreds of people every year to safely appoint Lasting Power of Attorneys.
Our Wills and Mental Capacity Team, Devon and Somerset Law Society’s Private Client Team of the Year, is one of the largest in the region and vastly experienced. All our lawyers have extensive and specialist knowledge of how to set up an LPA.
In addition, most of our team members are fully accredited with the Association of Lifetime Lawyers (formerly Solicitors for the Elderly) and the Society of Trust and Estate Practitioners (STEP). Membership of these organisations ensures the highest standards of professionalism.
We offer a free initial appointment for you to discuss what you need and always provide clear cost details up front before starting any work.