LPA Modernisation Plans Meet Mixed Reviews

Plans to drive lasting power of attorney procedures into a predominantly digital form have been met with a mixed reaction.

The intention is to streamline and digitise the process, taking the registration time from 40 to 14 days in most cases.

The proposals would see in-person witnessing of LPAs not required, and a digital signature seen as enough, with a ‘solicitor portal’ encouraging digital applications.

It is estimated that the Office of the Public Guardian received 19 million sheets of paper relating to LPAs in 2019/20, posting out a similar amount.

But the Law Society has raised concerns around access to the service among those that need it.

Law Society President Stephanie Boyce said; “Our overarching concern is the consultation fails to address how the proposals will work for those who cannot access a digital service; nor does it address the need to ensure that the role of the certificate provider works within a digital process as was intended.

“The consultation does not explain how the new proposals will impact on paper channels for LPAs.

“Many people – such as those in care homes or people with learning difficulties – will need to make an LPA via a paper process and the digital service which currently exists is complicated and hard to use, even for the digitally literate.”

The Government’s 12-week consultation into modernising the LPA process closed on October 13th.

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