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News & Blogs

Government’s plan to make Lasting Power of Attorney services safer and simpler

Aug 16, 2021

Major reforms to the Lasting Powers of Attorney (LPA) service are set to be introduced following a 12-week consultation.

The changes will see the process of managing a loved one’s affairs made much simpler and more modern in the process.

They will examine the entire process of how LPAs are registered and created with a view to boosting the Office of the Public Guardian’s (OPG) powers to prevent fraud and abuse.

It will also see the introduction of a digital service using technology to reform how witnessing, access and overall speeding up the process can be improved.

The consultation will also look at making the process for objecting to the registration of an LPA much simpler with a view to stopping potentially abusive LPAs.

Lasting power of attorney was introduced in 2007 as part of the Mental Capacity Act 2005. This replaced the previous system of Enduring Power of Attorney that had been in place since 1986.

There is a common misconception that LPAs are for the elderly, but they can be made for anyone over the age of 18.

Having an LPA in place provides comfort and security for millions of people planning for later life.

The potential reforms will provide a more urgent service for those families who need an LPA granted as quickly as possible due to unforeseen circumstances.

It will also help to reduce the chances of an LPA being rejected due to avoidable errors and, with technology, make the process much easier for all involved.

The consultation runs until October 13, with any reforms being finalised following this period.

You can also learn more about our Private Client Services here.

This article must not be construed as legal advice. All cases are different on their facts and you should consult with us directly on your case.

If you would like to discuss your LPA and any other future provisions you would like to arrange, please contact a member of our Private Client team by emailing info@walkerfoster.com.

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