New Lasting Powers of Attorney Provisions

Recent legislation is set to change the system for setting up Lasting Powers of Attorney (LPA), which should make the process easier and more efficient for guarding against fraud. 

Lasting Powers of Attorney allows your chosen person/persons to act and make decisions on your behalf when you do not have the mental capacity to do so. The LPA allows such people to make appropriate arrangements for family members or trusted friends to be allowed to make decisions on their behalf. 

There are two types of LPA: health and welfare, and property and financial affairs; either or both may be created. They are often used by older people but can be made by anyone over the age of 18. 

New Provisions 

The reforms are designed to strengthen safeguards that protect vulnerable people from abuse or fraud. As part of a newly strengthened verification process, identification checks will require official documents or information such as a driving licence or passport. 

The proposals have been developed following discussions with a wide range of interested parties such as the Law Society, Age UK and the National Mental Capacity Forum, to ensure that they work properly for those who rely on LPAs to manage their affairs.  

Paper Trail 

The LPA service is operated by the Office of the Public Guardian, and it currently handles more than 19 million pieces of paper every year. The new digitisation will improve the efficiency and sustainability of the organisation and reduce its carbon footprint. 

The number of registered LPAs has increased drastically in recent years to more than six million, but the process of making one retains many paper-based features that are more than 30 years old. 

The government says it is also committed to looking into how the new digital system could improve the witnessing process and make it simpler.  

It would give donors more time to focus on the important decisions in the process such as who they are giving powers to and the scope of those powers. 

If you’d like to talk to someone about setting up an LPA, PowellsLaw are happy to help. Contact us at helpforyou@powellslaw.com or 01934 623 501or visit our website

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