The Government has launched a consultation on a range of reforms which could affect the way Lasting Powers of Attorney (LPAs) are registered.
The proposals include increasing the use of technology in the process, such as remote witnessing or even removing the need for a witness entirely and moving away from paper-based registrations.
Nick Goodwin, Public Guardian for England and Wales, said: “More people are taking the vital step to plan for the future by applying for Lasting Powers of Attorney and we want to make sure it is as safe and simple as possible to do so.
“This consultation puts forward proposals which will allow us to make the service fit for the modern world – one that can be accessed online – and which grants the Office of the Public Guardian the power to conduct thorough checks to protect against fraud, while making it easier for people to raise concerns.”
Despite simplifying the system by taking it online, many experts continue to highlight the importance of seeking professional advice from a solicitor when creating an LPA.
Laura Stock, a Senior Associate with Palmers, who specialises in LPAs and later life planning, said: “An LPA is a legal document that allows someone – usually a family member or close friend – to make financial and healthcare decisions on your behalf if you’re no longer able to do so.
“It is therefore important to ensure that, regardless of how the document is registered, the correct checks and balances are adhered to, in order to avoid the possibility of the LPA being deemed null and void in the future.
“An LPA can only be set up whilst the individual concerned has mental capacity.
“For this reason, LPAs should be established and agreed upon ahead of time, as gaining similar rights after an unforeseen accident or illness may require permission from the courts, which could take several months.
“Despite this, the latest research shows that the number of registered annual LPAs has fallen “significantly” during the pandemic – placing families at risk in the event of unforeseen events.”
“For those who have not got around to putting in place an LPA or haven’t had the chance to have a conversation about one with a relative, now is the time to put the task back at the top of your to-do list.”
For help and advice with putting in place an LPA please get in touch with our expert later life planning team.