Law Society Raises Concerns Concerning Lasting Power Of Attorney Reforms

Lasting Powers of Attorney (LPA) are useful legal documents in which you can appoint attorneys to help make health and welfare decisions and help manage your property and financial affairs should you be unable to in the future.

To put these documents in place, there is a mandatory registration period with the Office of the Public Guardian as well as other safeguards, such as an independent third party acting as a ‘Certificate Provider’ to ensure the person making the LPA (“the donor”) has the relevant capacity and isn’t being forced into making it.

Once a LPA has been registered, there is a period of time in which someone is able to raise a concern. Should this happen, then the Court of Protection can rule that the LPA shouldn’t be registered and it will not be legally binding.

LPA reforms and the Law Society’s ‘genuine concerns’

The Law Society has recently voiced concerns about the planned LPA reforms from the Office of the Public Guardian and also the Ministry of Justice.

Both of these Government bodies are consulting on how to simplify the process of putting LPAs in place, ultimately looking at a predominantly digital service after claims that the current application process is “cumbersome, bureaucratic and complex”.

Stephanie Boyce, President of the Law Society, has said that she supports the Government’s overall objective but that she has “areas of genuine concern”. Adding:

Comments on the LPA reforms

Putting a LPA in place effectively gives power to your chosen attorney to make financial decisions and choices about your healthcare as though you were making the decisions yourself. Consequently, great care needs to be given to ensure you are completing these documents correctly and that an unscrupulous attorney does not take advantage.

The consultation does not make clear what safeguards will be put in place to ensure the donor is the one signing the document or even what alternatives would be given should the donor be unable to access digital services.

It is important that you take legal advice when putting in place a LPA and at Nelsons we can assist with the preparation and registration of these documents.