Last Friday saw the second reading of the Lasting Power of Attorney Bill that has now been backed by the UK Government to modernise the unnecessarily complicated process.
Historically, there has been a huge reliance on lasting power of attorney applications being submitted to the Office of the Public Guardian (OPG) in paper format, which has led to lengthy delays and unnecessary complications.
The Lasting Power of Attorney Bill aims to allow lasting power of attorney agreements to be made completely online, whilst also providing an improved paper process for those that would still like to use it.
Metcalf highlighted the current issues faced during the Commons debate by stating that the Office of the Public Guardian is ‘drowning in paperwork’ and ‘The OPG reports that it is taking up to 20 weeks on average to process an LPA application, against its target of eight weeks. Others will be receiving letters from constituents asking for assistance, as they are left unable to support their loved ones because an LPA is currently sitting in that backlog’.
A lasting power of attorney is a legal document that gives someone the legal right to handle another person’s individual affairs should they lose the mental capacity to do so themselves, such as their finances and healthcare. By allowing the LPA to be made completely online the Ministry of Justice believes that the modernised process will reduce avoidable errors and improve processing timeframes.
The Law Society has flagged that the Bill does not address the need for LPA certification to include consideration of the donor’s capacity in order to protect those who may be vulnerable and face the consequences of attorneys making poor decisions. These concerns were also highlighted during the second reading by shadow minister Alex Cunningham.
What happens next?
The Bill will now be progressed and reviewed by the Public Bill Committee to debate and consider amendments to the Bill.
Do I need to set up an LPA?
A lasting power of attorney (LPA) gives you the option of choosing a representative – whether it be a professional solicitor or a family member – to make these decisions for you, should you lack the mental capacity to do so yourself.
Here at Union Wills, our friendly advisors are on-hand to help you throughout the process of getting a lasting power of attorney – simply include that you would like to use our service during your application. As a member of a trade union, you will also benefit from our member-only pricing which means that you can appoint a lasting power of attorney for only £145.99 (includes VAT and OPG filing fee).
Not a member of a trade union?
If you’re not currently a member of a trade union and would like to set up a lasting power of attorney, please click the green button below to get started today.
Wills.Services is a leading online will provider that creates and submits lasting power of attorney applications every month for individuals and families.