- New and improved safeguards to protect against fraud and
abuse
- Process to be made simpler and easy to use
- Shift to predominantly digital service
The number of registered lasting powers of attorney (LPA) has
increased drastically in recent years to more than five
million, but the process of making one retains many
paper-based features that are over 30 years old.
A 12-week consultation launched today will examine the entire
process of creating and registering an LPA – with a view to
boosting the Office of the Public Guardian’s (OPG) powers to
prevent fraud and abuse while introducing a mainly digital
service.
It will examine how technology can be used to reform the
process of witnessing, improve access and speed up the
service. The consultation will propose widening the OPG’s
legal powers to check identities and stop or delay any
registrations that raise concern. It will also look at making
the process for objecting to the registration of an LPA
simpler to help stop potentially abusive LPAs.
The proposed changes will fundamentally alter and update a
process that has been in place for decades. While the service
will become predominantly digital , alternatives such as
paper will remain for those unable to use the internet.
Justice Minister, , said:
A lasting power of attorney provides comfort and security
to millions of people as they plan for old age. These
changes will make the service quicker to use, easy to
access and even more secure from fraud.
An LPA is a legal document which allows people to appoint
someone else (an attorney) to make decisions about their
welfare, money or property. They are often used by older
people to choose someone they know and trust to make
decisions for them were they to lose capacity in the future -
but can be made by anyone over the age of 18.
The consultation comes just over a year after the OPG
launched a new digital service called ‘Use a lasting power of
attorney’. As the service allows attorneys to securely share
details of their LPA with organisations online, it means they
can quickly take action on their loved one’s behalf.
Nick Goodwin, Public Guardian for England and Wales, said:
More people are taking the vital step to plan for the
future by applying for lasting powers of attorney, and we
want to make sure that it is as safe and simple as possible
to do so.
This consultation puts forward proposals which will allow
us to make the service fit for the modern world – one that
can be accessed online, and which grants OPG the power to
conduct thorough checks to protect against fraud while
making it easier for people to raise concerns.
The consultation will look at:
- How witnessing works, and whether remote witnessing or
other safeguards are desirable.
- How to reduce the chance of an LPA being rejected due to
avoidable errors.
- Whether the OPG’s remit should be expanded to have the
legal authority to carry out further checks such as
identification verification.
- How people can object to an LPA and the process itself,
as well as when is the right time for an objection to be
made.
- Whether a new urgent service is needed to ensure those
who need an LPA granted quickly can get one.
- How solicitors access the service and the best way to
facilitate this.
Any substantial changes will require amendments to the Mental
Capacity Act 2005 which brought in the current system.
Notes to editors:
- The consultation runs for the next 12 weeks until 13
October. View the full
proposals and respond.
- Lasting power of attorney was introduced in 2007 as part
of the Mental Capacity Act 2005. This replaced the previous
system of Enduring Power of Attorney that had been in place
since 1986.
- In parallel with the formal consultation, the Office of
the Public Guardian will continue to carry out engagement
through workshops and user research - gathering evidence
from, and hear the experiences of, a diverse range of people
and organisations.
