The Powers of Attorney Bill had its second reading in the House of Commons last week, and with it the contents of the Bill was revealed.
Brought by Conservative MP Stephen Metcalfe, the Bill is aiming to modernise the lasting power of attorney (LPA) process by allowing for applications to be made digitally and/or on paper, with the electronic record used as evidence of the LPA’s registration.
Those supporting the Private Members’ Bill have cause for optimism, as explained by Ian Bond, Head of Wills & Estates, Thursfields:
“Rarely for a Private Members’ Bill, the government has indicated its support for the Bill as it matches broadly with the objectives that the Office of the Public Guardian and Ministry of Justice identified in their recent project on modernising LPAs.”
Bond went on to further explain the Bill’s proposals:
“The Bill seeks to bolster safeguards and explicitly permit a third-party to object to the registration of a LPA, which is an important protection.
The Bill also allows Chartered Legal Executives to certify copy powers of attorney alongside solicitors thereby correcting an historic omission.”
Bond welcomed the proposals set out in the Bill, though recognised that “not everyone is able or willing to use modern technology,” adding that “this should be catered for, but not be the reason to hold back.”
Bond did, however, concede his disappointment that the Bill “did not include the Law Society’s recommendation that certification should expressly include consideration of the donor’s capacity”.
This was echoed to an extent by Melinda Giles, Partner & Head of Private Client and Court of Protection, Giles Wilson Law:
“In my view, the biggest items omitted from the Bill are the need to ensure that the Certificate Provider does confirm the capacity of the person giving the power (the Donor), and that the provision for the Attorney to register the Power rather than just the Donor remains.
There are times when the Donor is highly vulnerable and could fall into the gap of not having registered their Power of Attorney at a time they need it most.”
Holly Chantler, Director of SFE and Partner at Morr & Co., was keen to reinforce the importance of LPA’s and the benefits of digitalisation:
“Digitalisation offers the opportunity to create a more efficient service for creating powers of attorney. This process still requires significant development to ensure older and vulnerable individuals are protected.
As discussed in parliament, our growing ageing population means powers of attorney will become increasingly more important.
As an organisation, SFE is keen to raise awareness around why having an LPA is vital in ensuring your wishes are carried out should you lose the ability to make decisions for yourself. Our main priority is to ensure this service provides safeguards when making and using the power of attorney.”
The full text of the Bill can be read here.
