LPAs were introduced in 2007 under the Mental Capacity Act 2005, and the numbers have risen in recent years to more than five million. A 12-week consultation launched last week, insert name, contains plans to speed up and simplify the process of nominating someone to have LPAs by making the service digital. To counteract fraud, the Office of the Public Guardian’s (OPG) powers would be expanded to allow it to check identities and stop or delay any registrations that flag up concerns.
The consultation will cover witnessing and remote witnessing and the need for safeguards, expansion of the OPG’s powers, treatment of objections to LPAs, and how solicitors can access the service. Any changes will require amendments to the Mental Capacity Act 2005.
Respond to the consutation, at bit.ly/3BxCPE7 by 13 October.
Tim Snaith, partner at Winckworth Sherwood, said: ‘Each form is over 20 pages long, requires in excess of six signatures (sometimes this can reach in excess of ten), and must be signed in a strict order.
‘Lasting Powers of Attorney must also be registered with the Office of the Public Guardian (OPG) before they become effective. Even if no mistakes have been made on the forms, there is a minimum waiting period of four weeks before registration to allow for any objections, and due to delays at the OPG, it commonly takes around 12 weeks before the documents can be used.’
However, Snaith warned that any modernisation reforms must be carefully balanced against the risk of abuse.
Professor Chris Bones, chair of CILEX, welcomed the government plans and called on ministers also to correct ‘a longstanding anomaly’ where only solicitors and notaries public (and not CILEX Lawyers) can certify LPAs.
