Modernising LPAs: Summary of Government Conclusion
Lasting powers of attorneys (‘LPAs’) were introduced to increase flexibility and protection for those who lose mental capacity to make certain decisions.
This article provides an overview of the government’s response to the consultation intended to improve LPA services in the modern-day age of technology.
What are LPAs?
LPAs offer people the ability to nominate a person they trust to make important decisions about their property and finances and health and welfare in the instance they lost capacity to make these decisions themselves.
You can find out more about LPAs here.
They were introduced in 2007 to replace the previous system of enduring powers of attorneys. The intention was to offer more flexibility and strengthen protection for donors.
LPAs are incredibly significant documents. They offer a fundamentally important ability to people to enable them to retain a degree of control over their life by choosing someone they trust to make life-changing decisions.
Consequently, as they are giving away life-changing decisions, effective safeguards are needed to be in place to protect their interests.
To keep LPAs aligned with the changing world, a consultation was launched by the Ministry of Justice (‘MoJ’) and the Office of the Public Guardian (‘OPG’).
The aims were to create a system which balanced the desire for a more technology-based system to increase ease of access, with the need to increase safeguards and consider the potential threats to safeguards with a more technology-based system.
An additional aim was to achieve sustainability for the OPG, whilst at the same time keeping LPAs affordable so as to retain their financial accessibility.
The Government Response
The government considered the consultation findings and issued its response on 19 May 2022.
It was concluded that there is a need to improve witnessing, introduce identification checks and create a clearer procedure for objecting the registration of an LPA.
It was also concluded that a digital channel and automation service needed to be introduced to enhance the accessibility of LPAs and retain its sustainability.
How can we help?
We make LPAs accessible for the masses through our simple, quick and easy-to-use online LPA service. You can get started and access this service here.
As previously mentioned, LPAs are vital and important documents. As such, we offer a telephone LPA service so you can make your LPA with a professional lawyer and ask any questions you may have.