Financial & Legal News

Lasting Power of Attorney System To Go Online

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The process for applying for a Lasting Power of Attorney is to be made more straightforward and quicker under new proposals announced by the Government. 

A new online application system will replace the old paper based approach currently used by the Office of the Public Guardian, which manages the system for registering Lasting Powers of Attorney.

What is a Lasting Power of Attorney?

A Lasting Power of Attorney, also called an LPA, is the legal document that allows you to appoint someone you trust to make important financial, property, health and welfare decisions on your behalf. The appointed ‘attorney’ or ‘attorneys’ can make decisions of your behalf if you ever lose the ability to manage your affairs in the future.

A Lasting Power of Attorney must first be registered with the Office of the Public Guardian in order to be used.

People applying for a Lasting Power of Attorney to manage their loved ones affairs would be able to use the online service by themselves or, if they are not confident with the process, with the help of a third party such as a solicitor.

Lasting Power of Attorney Solicitor

Even under the new online application system, Lasting Powers of Attorney should still be drafted with the help of a solicitor to ensure that document properly reflects your wishes and that your interests are fully protected.

Lasting Powers of Attorney were introduced in 2007 following the Mental Capacity Act 2005 when they replaced  Enduring Powers of Attorney (EPA). However the system has been dogged by concerns over the efficiency of the registration process.

Alan Eccles, the Public Guardian, said: "The proposed new online application process will make applying simpler and quicker, while the changes we plan to make in the 'back-office' will make the whole service more efficient."

The OPG is now carrying out a public consultation until 19 October on its proposals to reform the Lasting Powers application and registration process.

Contact us about making a Lasting Power of Attorney

Pearson Hinchliffe are specialist estate planning solicitors. To speak to a solicitor about drawing up a Lasting Power of Attorney, please contact us using the details provided below.

Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.

This blog was posted some time ago and its contents may now be out of date. For the latest legal position relating to these issues, get in touch with the author - or make an enquiry now.

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