Modernising Lasting Powers of Attorney

Modernising Lasting Powers of Attorney 

The government has announced that it will be introducing changes to the Lasting Power of Attorney ('LPAs') system.

Aimed at making the process simpler, quicker and easier to use, the reforms have digitisation at their heart. In contrast to the paper format that’s been in place since LPAs first came into being 15 years ago, people will be able to make an LPA online. The paper method will remain an option for those that would prefer it.

The measures will also bring in safeguards, including identification checks as part of a verification process, to protect against fraud and abuse.

The government’s announcement follows a consultation last year, which included looking at making LPAs more accessible. As solicitors who regularly help clients prepare these documents, we have seen the appetite for future planning increase as awareness of LPAs and their benefits has grown. People now recognise that having an LPA in place is a sound way of protecting their interests in the longer-term. And, given none of us knows what the future has in store, it makes sense to prepare as best we can.

What is an LPA for?

An LPA appoints someone to become your ‘attorney’ in the event that you lose the ability to make decisions about aspects of your life. If mental incapacity strikes, perhaps because of an accident or an illness, your attorney will step in and take care of either your property and finances, or your heath and welfare (or perhaps both).

The crucial part of this is that the LPA must be made while you have mental capacity. We are sometimes asked to help prepare an LPA for someone who knows their mind is deteriorating because of dementia, for example. But it’s not just the looming loss of mental capacity that leads people to consider making an LPA; for many, it’s simply part of their future planning, alongside their will, living will, or trusts.

There is no doubt that the ease that digitisation will bring will appeal to many, and we hope to see even greater numbers of LPAs being made as word spreads. But we’re also conscious that online isn’t for everyone, and the tried and tested paper-based method will retain an important role in helping people plan for the future.

Whichever route you’d prefer to take, our team is here to help you get the right arrangements in place. That’s whether you’re looking to make an LPA, a Will, or any other legal arrangement for yourself or your loved ones’ future. Contact us to discuss your situation on 01264 353411 or at info@bsandi.co.uk">info@bsandi.co.uk.