The importance of Power of Attorney reforms

Powers of attorney allow you to designate someone to act on your behalf; giving that person the authority to make decisions for you, if and when you are incapable of making them yourself.

The Government has updated The Powers of Attorney Bill, allowing the Lasting Power of Attorney (LPA) application process to be completely online.

Conservative MP Stephen Metcalfe called on the government to modernise this Bill, where identity checks need to be strengthened, and the application process should be streamlined.

The Law Society Gazette reports an LPA, as one of the most important legal documents a person will make. The consequence of an attorney making a poor decision could result in the donor losing all their assets, being admitted into a care home against their wishes, or even premature death.

With a growing ageing population and prevalence of dementia, these documents are going to become increasingly important. Specifically, to protect people who could be the target of fraud, scams and other abuse.

Stephen Metcalfe said: “Powers of Attorney, it goes without saying, are extremely powerful. The Bill that I have introduced to Parliament is relatively tight in scope and takes immense care to reform how individuals can apply for a Lasting Power Attorney.”

Stephen went on further to explain the importance of digital applications:

“It is important that we offer a digitised channel for individuals seeking to register a Lasting Power of Attorney in this digital age and I am pleased that, in doing so, this Bill introduces new safeguards for both digital and paper applications.”

Sarah Bolt, Managing Associate at Freeths, has said that the probate sector “will continue to embrace the use of technology…” when discussing changes in 2023.

The Ministry of Justice has said that having the LPA online would reduce any errors and make application checks waiting times lower. Also, by having an updated paper process introduced for people that are unable to use the internet, would make the process quicker and easier.

As a result of the new Bill, chartered Legal Executives can now certify copies of Powers of Attorney, rather than just solicitors and accountants. Making this a more positive, easier and safer application process.

The Bill will be further scrutinised by the public Bill committee.