Lasting Powers of Attorney: consultation launched
The Government has announced that it is consulting about a number of proposals developed to modernise lasting powers of attorney.
The lasting power of attorney (LPA) was introduced in 2007. It was designed to provide more flexibility and greater protections than its predecessor, the enduring power of attorney (EPA). However, the Ministry of Justice says, people increasingly want to access services digitally. Digital channels require further thinking about the safeguards put in place in such systems.
For these reasons that the Ministry of Justice and Office of the Public Guardian are working to modernise LPAs. The aims of the work are to:
- increase safeguards, especially for the donor
- improve the process of making and registering an LPA for donors, attorneys and third parties
- achieve sustainability for OPG whilst keeping LPAs as affordable as possible for all people in society.
Creating a modern LPA service will require changes to the Mental Capacity Act 2005 and the supporting secondary legislation. The Ministry of Justice has launched this consultation in order to obtain views on the potential changes to the legal framework for lasting powers of attorney.
For details of the consultation, which closes on 13 October 2021, click here.
25/7/21