Applications for lasting power of attorney (LPA) surged to their highest-ever total last year, according to figures released by the Family Court.
A total of 1,161,958 LPAs were registered in 2023, a 37 per cent rise compared to the previous year. Reasons for the increase included an aging population, a simplified online process and clearance of the post-pandemic backlog of applications.
An LPA is a legal document that allows individuals to appoint one or more people (known as “attorneys”) to help them make decisions or to make decisions on their behalf. There are two types of LPA – one for health and welfare and the other for property and financial affairs.
Currently people can create either version of LPA via the Gov.uk website. The document then needs to be printed, signed by the individual it concerns, their attorneys and witnesses before it can be forwarded to the Office of the Public Guardian for registration.
Speaking to IFA Magazine Katie de Swarte, a wills and probate partner at law firm Osbornes Law, said: “This record increase [in LPA numbers] can be partly attributed to the Covid pandemic, which prompted many people to get their affairs in order.
“Like the surge in wills, there was also a spike in people wanting LPAs to ensure they had plans in place should there come a point when they could not make decisions for themselves. Earlier diagnosis of dementia will also be a contributory factor, with doctors now routinely advising their patients to make LPAs.”
Ms de Swarte added that plans to make the entire LPA fully remote would probably lead to a further increase in registrations. However, she warned this could leave the system open to abuse.
“At present, an LPA still needs to be signed and witnessed in person but removing that step may well make it easier for unscrupulous people to exploit those in a more vulnerable position. It will be interesting to see what safeguards, if any, will be implemented to stop this from happening.”
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