The Powers of Attorney Bill went through parliamentary assent without amendment on 14 September 2023. It awaits royal assent.
The Bill received government support following a consultation in 2021. The consultation showed the necessity for legislation to introduce a fully digital lasting power of attorney (LPA).
This bill will allow substantial changes to the procedure of creating LPAs in England and Wales by amending the Mental Capacity Act 2005. The proposed amendments will empower the Office of the Public Guardian (OPG) to implement a digital process to set up and register LPAs. This process will run in parallel with a *hopefully) improved paper application system.
The Bill aims to streamline LPA creation and registration processes making it easier for individuals to obtain certified copies of LPAs in England and Wales. The new provisions include identity verification requirements during the LPA registration application. This will ensure that only the donor can initiate the registration process.
Additionally, the Bill simplifies the objection process for registration. It allows third parties not initially mentioned in the LPA to object to the LPA.
It accommodates varying processes and types of evidence depending on whether the LPA is created digitally, on paper, or through a combination of both.
The Ministry of Justice says that these alterations will not only facilitate the creation of LPAs for donors but also bolster protection against potential abuse. The changes are anticipated to improve safeguards against fraud for the public. The OPG is expected to achieve a more streamlined process that provides increased value for fee payers through the automation of administrative tasks.
Ultimately, these measures should allow more people to proactively plan for their future and maintain control over their lives.
The commencement date of the Bill remains uncertain but the OPG has started designing the digital LPA system and conducting user testing.
The OPG is working with the Ministry of Justice to prepare the necessary amendments to secondary legislation for the seamless implementation of this innovative service.
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