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.
