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27 May 2022
Issue: 7980 / Categories: Legal News , Profession , Wills & Probate
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Powers of Attorney

The government is pushing ahead with its plans to modernise lasting powers of attorney (LPA), including allowing people to make an LPA completely online for the first time

Publishing their response last week to the consultation, Modernising Lasting Powers of Attorney, which closed in October 2021, the Ministry of Justice (MoJ) and Office of the Public Guardian (OPG) confirmed they intend to introduce a digital channel and automation processes, as well as retaining the current paper-based processes. They will investigate the possibility of technology replacing witnesses and could combine the role of certificate provider and witness.

Identification checks will be introduced as a safeguarding measure against coercion or fraud. The government also want to create a clearer process for objections to the registration of an LPA, with all objections being sent to the OPG.

CILEX lawyers will be given powers to certify copies of powers of attorney. CILEX chair Professor Chris Bones welcomed the move, and expressed support for the goal of modernising the powers of attorney system more generally.

Read the government’s full response here.
Issue: 7980 / Categories: Legal News , Profession , Wills & Probate
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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
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The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
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After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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