The Powers of Attorney Bill 2022

19th January 2023Manisha Chauhan3
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You may have heard by now about the talk to digitalise Lasting Powers of Attorney (LPAs).

On the 9th of December 2022, the Bill received its second reading in the House of Commons. This Bill plans to modernise the process by allowing LPAs to be made online which would also assist the Office of the Public Guardian (OPG) in clearing the backlog in paperwork that they have been having for some time, something which many of us are frustratingly aware of. There will still be an opportunity to complete the document by hand for those that do not or cannot use the internet.

Figures state that it is currently taking up to 20 weeks on average to process an LPA application, although many would argue the time is longer.

It is proposed there will be better safeguards to protect the donor in that:-

  • Only the donor will now be able to register the LPA rather than extending this to the attorneys
  • There will be new ID requirements that will need to be met for an application to be accepted
  • The OPG will be required to notify all parties when a request to register an LPA is made
  • Widen the group of people who can object to the LPA so that it extends to not just those named in the LPA
  • Provide for new forms of evidence of the LPA to be created and accepted

In addition to the above, it is proposed that the Bill enables Chartered Legal Executives to certify LPAs. Currently, the only people that can certify an LPA are:

  • The donor – if they have capacity
  • A solicitor
  • A notary; and
  • A stockbroker.

Whilst this is proposed to make the process more seamless and manageable, it seems there are more administrative tasks that will need to be undertaken by the OPG. Therefore we would ask whether this is in fact likely to create further delays given that paper forms will still be accepted.

The biggest issue is the concern that the Bill fails to address the needs for LPA certification to expressly state or include consideration of the donor’s capacity which is the most important safeguard, and one that was raised by the Law Society.

An LPA is an incredibly important document, and if you wish to put LPAs in place, you should contact a fully trained and insured Member of The Society of Will Writers today. You can find a member by clicking here or, contacting us directly.

Manisha Chauhan

Manisha joined the Technical Advice Team in July 2019 having previously worked as an Employment Solicitor in Warwickshire before relocating to Lincolnshire. Manisha provides advice on technical queries daily and works alongside Siobhan Smith also providing ongoing support on Sure Will Writer.

3 comments

  • Donald Reevely

    20th January 2023 at 4:39 pm

    Excellent article, thank you.
    Is it possible for a Will Writer to train and become a Notary Public without having a law degree or any former legal qualifications?
    Is this a path that some may need to take if they want to be a Certificate Provider?

    Reply

    • Manisha Chauhan

      24th January 2023 at 3:58 pm

      Thank you Donald. I understand some training is required to become a notary public but this is not something we would be able to advise you on. You don’t need to be a notary to be a certificate provider. Many will writers are happy to act as the certificate provider for the LPA’s.

      Reply

  • Steve Blofield

    24th January 2023 at 10:56 am

    I feel this still needs to be challenged with the powers that be. It is completely un-comprehensible to me how willwriters who can provide advice on an LPA, draft the LPA, the certificate provider for the LPA, register the LPA but are still not allowed to certify a copy of an LPA that they did all of this work for clearly there is still a long way to go for common sense to prevail

    Reply

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