In recent months it's become much clearer just how important our online services are. With the world going online to communicate and collaborate we’ve been working behind the scenes to make the lives of donors and attorneys easier.
We want to offer more support to people helping others make decisions. Making better use of digital products, services and smarter ways of working will help us to free up more resources. Allowing us to support our users and help them achieve better outcomes.
We’re modernising our lasting power of attorney processes. Last year we announced our ‘Track my LPA’ service - this allows people making an LPA online to track the progress of their application. Now, we’re pleased to launch our ‘Use a lasting power of attorney’ service.
Our new service lets donors and attorneys give organisations access to view an online summary of an LPA.
How it works
Once an LPA is registered, attorneys and donors will be sent an activation key.
They can create an account online at Use a lasting power of attorney and use the activation key to add LPAs to their account. A donor or attorney can then make an access code which they can give to organisations to view an online summary of an LPA.
Although attorneys and donors can register for the service, the service makes it quicker and easier for attorneys to use an LPA to support the donor.
We've received lots of positive feedback and valuable insight from donors, attorneys and organisations who have trialled the service.
We’ve been working closely with a range of organisations, including HSBC UK and the Department for Work and Pensions (DWP), to develop the service.
Maxine Pritchard, head of financial inclusion & vulnerability at HSBC UK Retail said: “We’ve been privileged to have worked with The Office of the Public Guardian on the design and development of the new service to create a much-improved journey for our customers.
“At a time when it’s even more difficult for our customers, or their support network to get into a branch it was crucial that we found solutions. We’re able to authenticate the LPA so we know it’s a genuine document and of course the customer experience is greatly improved.”
Sharon Goody from DWP said: “The Use a lasting power of attorney service has allowed us to design a simple and quick process for our DWP customers and their attorneys, to replace the lengthy and often problematic process of requesting power of attorney documents by post for verification purposes.
“The timescale to receive posted documentation is usually around two weeks which is reduced to days using the online service, resulting in the lasting power of attorney supporting the customer at the earliest time possible. It’s a fantastic service for an attorney, for a customer and for DWP.”
Gradual roll out
With over 4 million registered LPAs, we will be gradually rolling this service out to our users.
Donors and attorneys with LPAs registered from 17 July 2020 will be able to use the online service. We plan to open up the service to LPAs registered earlier in 2020 and some from 2019, but we do not have a date for this yet.
We do not have plans yet for opening up the service to LPAs registered before this time, however, we are actively looking at how we might do this.
If you’re interested in making a lasting power of attorney, you can get more information here.
The comments on this blog have now closed. For further information please see our latest post - https://publicguardian.blog.gov.uk/2020/09/09/use-a-lasting-power-of-attorney-your-questions-answered/
107 comments
Comment by Paul Burns posted on
It's great that OPG have introduced this service. Having to provide the full LPA document to each organisation is time consuming, and getting solicitor copies made can be expensive. The gradual rollout is unhelpful to those who have registered LPAs several years ago. Please get this done as soon as possible. Some years ago, DVLA implemented a simple system to enable drivers to provide access to driving licence data (e.g. for car rental). HMRC tax returns are now online and not just for new tax-payers. What's stopping OPG fully implementing this for existing donors/attorneys?
Comment by Laura Crouch posted on
Good afternoon,
As always, we’re focusing on making sure we keep our essential services to the standard the customers need.
To introduce this service for LPAs already registered will take time and resource, and we’d need to be sure we are in a position to do this work before making a commitment to provide this service for those with LPAs already registered.
Thanks, Laura
Comment by Robert Preece posted on
I support the request that this (potentially excellent) service be rolled put to all earlier LPA's asap.
The DwP clearly think it is already available, as they have notified me about it and inferred that I might use it - but it seems the OPG currently have no intention to enable LPA's registered in 2018.
Comment by Chris Hall posted on
Hear hear, Paul - it's a great idea and not before time, but PLEASE make it available for all LPAs. Organisations' systems for dealing with LPAs are shaky at best, and they're all different; if they have to support both paper and online LPAs, that'll get even more chaotic. Very much appreciate the direction OPG is heading in, but if we could switch to online LPAs with paper as the exception, that would be wonderful.
Comment by Peter posted on
At long last ! You pay enough for the LPA a & then it relies on paper documents more akin to the 19th century which are very difficult to use, relying on the post etc. Also the current documents are easily damaged by the perforations at the bottom of each page sticking together & tearing when the pages are opened.
All LPA's need to be available digitally asap.
Comment by Lisa posted on
Couldn't agree more Peter
Comment by Christine posted on
I'm now wondering why I have had a refund - with NO notification and no acknowledgement of receiving my printed forms!! AS you say - SO difficult and time consuming - especially with COVID and not being able to get to people for signatures -
Comment by June Green posted on
I submitted two LPAs for finance and two for property and welfare for myself and my husband, online in May. I haven't heard from them since. Have they disappeared into a black hole? And what is the difference between my submissions on May and the newly launched one?
Comment by Jane Allen-Griffiths posted on
I submitted the same documents at the beginning of June and have just received a letter from OPG today stating that on the lasting power of attorney for health and welfare “The witness did not give their full first and last names and their full address on the life sustaining treatment (LST ) page section 5. Option A and B on this section of the form was very ambiguous so watch out everyone!
I now have to make a new LPA but will save 50% of my application fee if I submit it by 26th of October so I may get it before Christmas!!?
Comment by Andrew posted on
Hi, I submitted mine on April 20th and have only just received the registered documents back today on August 28
Comment by David Goulty posted on
Initial application now over 5 months ago, so can I get an update?
Comment by Laura Crouch posted on
Good afternoon,
We’re experiencing delays registering and returning LPAs. We apologise for this and are working hard to correct it.
For the latest updates to our services and procedures during coronavirus, please read our guidance http://www.gov.uk/guidance/coronavirus-covid-19-office-of-the-public-guardian-response. Our contact centre is open for urgent enquiries on 0300 456 0300 between Monday – Friday 9.30am – 5:00pm (10am – 5pm Wednesdays).
If you used our online service, you can track the registration progress by logging into your account.
Thanks,
Laura
Comment by June Green posted on
Thank you Laura, I have now received my POA documents.
Comment by Stephen Pett posted on
Does this mean that it will no longer be possible for a donor to decide when a Finance LPA can start to be used as the Attorneys will have immediate control?
Comment by Laura Crouch posted on
Good morning,
You (or the donor) will still have the ability to make this decision, when an Attorney shares LPA details with an organisation via the service that organisation is immediately informed on the donors instruction on if the LPA can be used immediately or only once the donor has lost capacity to make the decision in question.
Comment by Frank Booker posted on
Is this wording correct. It does not seem to cover MCA guidelines where it clearly identifies that some donors (eg, with Alzheimers) may have fluctuating capacity. Or, donors may be able to make some decisions on certain issues and not on other issues. Surely, it is only the donor and donee together who can determine when an Attorney can properly act on the donor's behalf.
How do you propose fluctuating capacity is communicated to relevant organisations each time a donee needs to act - and then reversed when the donor is able to make other decisions themselves?
Comment by Caroline Amos posted on
Hi Frank
When an attorney (donee) can act has not changed with the introduction of this service.
In instances where the donor has chosen that the LPA can only be used when the donor has lost capacity, or for health and welfare LPAs, the attorney can only use the LPA to make a decision for the donor if, even with support, they can't make that decision for themselves.
In instances where the donor has chosen that the LPA can be used immediately upon registration, the attorney can use the LPA to carry out wishes of the donor only with obtained consent. Further information can be found here https://www.gov.uk/government/publications/how-to-be-an-attorney
Comment by Naomi Pinder posted on
Under the Mental Capacity Act , capacity is time and decision specific, taken with other legal principles, it means that the box is ticked to say the LPA can be used on registration, in the vast majority of cases. On this basis, how is the DONOR protected against the attorney using the Tool to use the LPA. ?
I understand the ease and convenience arguments and can appreciate the view of contributors to this discussion but as a solicitor I look to the protection and safeguarding of the vulnerable.
The aim stated had to make it EASY to make and use LPAs, by implication without the advice from specialist experts. A society is judged by how the weakest and most vulnerable are treated and cared for.
I remain deeply concerned about the lack of safeguards.
Specifically, I suggest specialist legal bodies and safeguarding charities are consulted , rather than just working with banks .
Comment by Laura Crouch posted on
Hello Naomi,
This is something we're looking into in the near future, a way to let the donor know if the LPA is used. In the meantime, this will be used in the same way as a paper version of an LPA, the donors trust in the attorney to use it as agreed.
During our development of this system we did include legal bodies, solicitors were informed and engaged in different OPG events and have had regular meetings with us.
We tested the system with organisations who will use it, with input from their legal departments.
If you would like to be involved in future events with OPG please do get in touch - communications@publicguardian.gov.uk
Thanks,
Laura
Comment by Naomi Pinder posted on
Thank you Laura. I see that legal bodies have been consulted which is good, I think that consultation must be effective and solicitors in this field have a certain view point which is valuable. As a solicitor at the coal face, these consultations aren't known about and therefore our contribution is never even known about.
Looking forward, I think it would be beneficial for LPAs to be seen in the context of a legal document rather than an administrative document designed simply to make things easy.
Comment by Laura Crouch posted on
Hello Naomi
An LPA is an agreement between a donor and attorney(s) and is registered by the OPG on the understanding that the attorney is somebody that the donor trusts.
This includes the understanding that, before creating and sending the LPA, the donor has spoken to the attorney about how and when they should act. It is important to remember that an attorney on an LPA can only make a decision on the donors behalf where even with support the donor is not able to make that decision on their own.
There is also an option on the financial LPA for the attorney to be able to act with the donors consent where they still maintain mental capacity to do so. If the donor would only like the attorney to make decisions in very specific situations they can specify this in section 7 and where this related to multiple attorneys acting together section 3 of the LPA. This is the same as an attorney acting with a paper version of the LPA.
Thanks,
Laura
Comment by Maria Gooadacre posted on
The main concern I have is that most LPAs were encouraged to be registered with immediate use box ticked by Donors previously on the basis that it would only be when they handed over the paper documents or asked the attorneys to step in that they are used.
Now the attorney can bypass the Donor and just apply themselves. Therefore is guidance being issued to financial institutions that they cannot just accept the Attorney getting into contact as evidence of authority? They must still consult the Donor to check the Attorney is acting within their authority first surely?
A lot of paper LPAs are stored at Solicitors' offices with safeguards in place about releasing to the attorneys as per the Donor's wishes.
An Attorney could otherwise take over their parents/siblings affairs without their knowledge.
Comment by Laura Crouch posted on
Good afternoon Maria,
The Use an LPA service displays a banner at the top of the page which confirms if the LPA is valid, and, for property & finance LPAs, if the attorney can act while the donor has mental capacity. It also confirms that, in these instances, the attorney can only act with the donor's permission.
When attorneys can act remains unchanged from the current paper-based system, and any decisions should be made in the donor’s best interests.
The Use an LPA tool provides a snapshot of key information relating to an LPA. It is then up to the financial institution to clarify through their processes that the attorney is acting on the authority of the donor.
Thanks, Laura
Comment by Naomi Pinder posted on
Dear Laura
Thank you for replying.
An LPA for finance can be used as soon as it has been registered at the OPG, unless it is stated otherwise. Capacity is decision specific and time specific under the MCA, donor may have capacity to make some decisions and not other decisions. For example donor can understand small amounts of money but not investment decisions, another example is when capacity fluctuates. Attorneys are under a duty to act in the least restrictive way while still protecting donor's best interests, this means that attorneys should not simply take over when donor is failing, donor must be helped and supported to make each and every decision. Therefore, for these reasons, the LPA is usually unrestricted.
Note that the position with health LPAs is different, they can only be used when donor lacks capacity to make the particular decision when that decision needs to be taken.
So, in summary, a financial LPA can be used once registered and acts as a general power if attorney. It CAN be used when donor is still capacious. It should be used with donor's consent and upon donor's instruction. My point concerns the protection of VULNERABLE DONORS, if attorneys can simply use an on line tool to register with banks, there need to be safeguards to protect the vulnerable donor.
I accept that LPAs should be used to appoint trusted people as attorneys. Sadly, this is not always the case. For example, a frail person lives far away from their family and a local person befriends them, gains their trust, gets appointed as attorney. Note that the certiicate provider doesn't need to have any legal or medical qualifiations at all, so no safeguarding at that stage. Then that person has full access to the bank accounts and takes the money. This happens at the moment, by making it easier to use the LPAs, it is easier to misuse the LPA.
I accept what you say should happen, but sadly, we don't live in a world where everyone is trustworthy and honest. A society is judged on how the vulnerable are protected and card about, and I am still very concerned that this is not addressed in relation to the new on line tool.
Comment by Gaye Illsley posted on
Hi Laura, I think the new service is great. However, I am concerned that activation codes are being set directly to the attorneys. The paper documents are always sent to the donors so they have control over them. I am 56 and have created my documents as there is a history of dementia in my family. I would be very concerned if my attorneys were able to register my LPA with my bank. Would it not be better if the codes were sent only to the donor so they have control over who they share them with? Also, would it be possible for a donor to receive a letter if the code is activated by one of their attorneys?
Comment by Caroline Amos posted on
Hi Gaye
Activation codes are sent to the donor and attorney(s) with the understanding that the LPA has been created with consent and following a conversation between these parties about what the donor's wishes are and when their attorney(s) can act.
The Use an LPA service has been created to make the process of notifying organisations of the existence of a valid LPA easier, including clear indication who the attorneys are and when they can act. For example, if on a property and finance LPA the donor has indicated that the attorney(s) can act before the donor loses capacity, a banner on the page clearly states that the attorney(s) must always act with the donor's consent.
We're continuously improving the service and would be interested in your views, if you would like to participate in user research. Please email our Customer Services team customerservices@publicguardian.gov.uk.
Comment by Max Wax posted on
Is a similar service being developed for Northern Ireland?
Comment by Laura Crouch posted on
Good afternoon,
Our jurisdiction is only in England and Wales. Here's some information on NI - https://www.nidirect.gov.uk/articles/managing-your-affairs-and-enduring-power-attorney
Thanks,
Laura
Comment by Rev Mrs Angela Robinson posted on
What do I do with the power of attorney I arranged in December 2019? This document sounds like an 'upgrade' and there is no clear advice about what we have to do, not to be passed over in getting the upgrade!
Comment by Laura Crouch posted on
Good afternoon,
At the moment we’re aiming to add in LPAs registered earlier in 2020 and some from 2019 at a later date which hasn't been confirmed yet. These will be done automatically.
Thanks, Laura
Comment by Naomi Pinder posted on
Safeguarding measures need to be built in and these appear to be absent.
Comment by Laura Crouch posted on
Good morning,
The connection to the service is encrypted - https with a certificate. A PDF of the information is generated only on demand and is not stored outside of the server. The access code itself which is generated for an organisation to use expires after 30 days.
Thanks,
Laura
Comment by Tom posted on
This still doesn't address safeguarding for the Donor which is a real concern wherever there is a system that makes an LPA easier to use.
Comment by Trevor Clarke posted on
As already commented, as positive move but they roll out for existing LPA needs to be actioned without delay, current paper documents are a pain.
Comment by Laura Crouch posted on
Good morning,
We're working on modernising the LPA. There's a lot of behind the scenes work currently happening to make sure creating an LPA can be as easy as possible.
Thanks,
Laura
Comment by Rachel Allen posted on
Is there anyway to get a demo of how this will work in practice?
Thanks
Rachel
Comment by Laura Crouch posted on
Good afternoon Rachel,
I have asked about a potential demo.
Thanks,
Laura
Comment by Janette Wand posted on
Does this service apply to LPA PFAs only? Or can it also provide information regarding LPA HWs? And what information does the summary provide for either of these documents? Thank you.
Comment by Laura Crouch posted on
Good morning Janette,
This also works for health and welare, NHS, local authorities, social workers, care homes etc. any organisation with access to the internet can accept an LPA using this method if they choose to.
Thanks,
Laura
Comment by Janette Wand posted on
What information does the summary provide regarding the LPA PFA and the LPA HW?
Comment by Laura Crouch posted on
Hello Janette,
The details on the summary include, names, addresses and date of birth for the donor and attorney. How attorney decisions are made, whether there are instructions or preferences (although the specifics of the instructions and preferences aren't inlcuded) when the LPA can be used, date the donor signed the document and the registration date.
Thanks,
Laura
Comment by Nick Collingridge posted on
I submitted a repeat LPA application online and when I did so I was informed during the process that I did not need to pay again. It is now a full month later and I have just received an email telling me that actually I need to pay an additional £41. Fair enough, mistakes happen, so I called the number given which the email said was only used for payments.
I waited patiently while I was told there was “an unprecedented volume of calls, but someone would be with me shortly”, and that I was first number 2 then number 1 in the queue.This went on for 56 minutes but eventually I had to accept that no-one was ever going to answer my call to make a payment that was apparently not required at the time I made my application.
Does anyone actually manage anything at the OPG? It certainly doesn’t seem like they do. How can it be possible for it to take 56 minutes to process two payments?
Or, as I suspect, is there no-one actually answering this number, to make payments for something which is as critically important as an LPA is for most people. And why is it not possible to make this payment, which can apparently only be made by credit/debit card online?
Finally why does the message tell me to wait on the line, at my expense, for someone to answer when it is obvious no-one intends to do so?
I am not impressed and I think the OPG is falling very far short of any acceptable service level. I would like to complain about this appalling service but cannot see any way to do it, except presumably to make a phone call which will probably never be answered.
Comment by Laura Crouch posted on
Good afternoon,
I'm sorry you've had trouble with getting through to us and the confusion around payment.
If you'd like to complain you can get in touch with our <a href="mailto:OPGComplaints@publicguardian.gov.uk">complaints team</a> who will see to invetigate your concern and see whats gone wrong for you.
Here is the email address: OPGComplaints@publicguardian.gov.uk you can find our complaints process here - https://www.gov.uk/government/organisations/office-of-the-public-guardian/about/complaints-procedure
I do hope we can sort this for you. Again, i'm sorry you've had issues.
Laura
Comment by Nick Collingridge posted on
Thank-you for providing the link to complain, and I will do so, but more useful than that would be some helpful advice about how to make this vitally needed payment.
I have both tried to call the number given, as I described, and also, as suggested, sent a reply to the email I was sent telling me I needed to pay with a time when I could be reached by phone.
No-one called me when I made myself available, I have still not been able to make payment and time is running out. I only have five more days to complete this payment before the LPA is rejected. I have not received any further emails from the OPG with assistance regarding this issue which is vital, as with many people's LPAs.
What do I do next? Please?
Comment by Laura Crouch posted on
Hello Nick,
If you can email me the details you would like to be contacted on then i will ensure someone gets in touch before your deadline.
communications@publicguardian.gov.uk
Laura
Comment by Nikki Spencer posted on
Have you considered paying by cheque and sending it by post to the OPG? You will need to quote their reference.
Comment by Nick Collingridge posted on
My bank account, like an increasing number nowadays, does not provide a cheque book. I don't know why it is so difficult for the OPG to provide technology that is up-to-date - pretty much any company with a web presence can mange to provide facilities for paying online, so why is it so difficult for the OPG?
In fact my problem has now been resolved thanks to some excellent personal attention from the OPG complaints team, but I find it frustrating that I have had to complain to get my problem resolved.
Comment by Max Thomas posted on
Another request for earlier registered LPAs to be added to the scheme ASAP. Max Thomas, (Registered attorney)
Comment by Sue posted on
Is this available for professional attorneys also?
Comment by Laura Crouch posted on
Hello Sue,
The system does include named professional attorneys, but due to the way it works is not currently available for trust corporations.
Thanks, Laura
Comment by Martin Sach posted on
This is a welcome development from an organisation that has hitherto been far behind the times and that has provided a woefully slow and inefficient service. It should make it easier for attorneys to support their donors more quickly. This needs to be accompanied by a determination at the OPG to set high standards for turnaround times and reform the culture of low expectations.
Comment by E A Elliott posted on
This is all well and good but the process for getting the LPA is far too convoluted when using a solicitor in the case of a stroke. My brother died three months before his LPA was registered for health rendering us completely powerless when he was at his most vulnerable. In total the process took nearly 6 months. Far too long and a totally futile exercise.
Comment by Laura Crouch posted on
Good afternoon,
I'm sorry to hear about your brother and the of trouble getting an LPA in place. We encourage people to take out an LPA while they're still able to do so to prevent these potential situations.
If the person has already lost mental capacity they will need to go to the court of protection for a deputyship which can take much longer and is a more expensive process.
We'd be happy to take forward any comments you have on working with solicitors so we can help to create a smoother process in the future.
Comment by E A Elliott posted on
Thank you. My brother still had full mental capacity even after his stroke and there is a misconception that you should always consult a solicitor. I’d gladly work with you to streamline this process as I would not wish my experience on anyone else.
Comment by Michael Coster posted on
My experience of the cost and inconvenience of obtaining copies especially in time of pandemic is bad enough but the delay in people returning or even losing originals is even more alarming.
Please make new arrangement available for pre 2019 registrations as soon as possible .
Comment by Lee Buckby posted on
Do i need to upload the LPA's to my account or are they automatically done and i just add my key to my account and then show the organisation the digital LPA?
Comment by Laura Crouch posted on
Hello Lee,
You will need to create an account online at gov.uk/use-lpa and add the LPA to the account by adding the LPA reference number and activation key received in the registration letter. This isn't done automatically.
Thanks,
Laura
Comment by James Allison posted on
I prepared two draft LPA applications, for my wife and self, a few months ago but did not register them. Their details are referenced 3381396681 and 5493807335, but they may require editing.
In the light of your recent modernised LPA form, should I discard my drafts and resubmit using the new version?
Thanks
James
Comment by Laura Crouch posted on
Hello James,
If the LPAs haven't been registered with OPG yet and returned to you as completed then you will be included in the new system.
Thanks,
Laura
Comment by Lisa posted on
It’s painful trying to deal with NS&I etc on behalf of a loved one, when these Government organisations are asking for old fashioned paper copies of something that exists on a Government register already!!! It’s shameful that this online access isn’t already in place , and it will be even more shameful and shambolic if only "some" of the pre-2020 LPAs get retrospectively added to the online register - hopefully Martin Lewis or someone will give this some public media scrutiny to speed things up ....
Comment by Peter Litherland posted on
I am currently being asked by the donor to use a LPA registered in 2015 on his behalf. Would it not make more sense to roll out the new system by allowing Attorneys to apply for an activation code rather than work backwards to "blanket" cover LPAs granted most recently. Surely the most pressing issue should be to give access to the new system when the LPA needs to be used.
Comment by Laura Crouch posted on
Hello Peter,
I shall pass along your suggestion to the teams developing it.
Thanks,
Laura
Comment by Rachel Allen posted on
Can you confirm that this solution would still carry all the personal details of the Attorneys and Donor, how they can transact (Joint or Joint & Severally), and any exemptions the LPA contains that could impact us?
We would also need to be able to download it into a format we could save down and attach to the PAS so we have an historic record of it - will this be possible?
Thanks
Comment by Laura Crouch posted on
Hello Rachel,
The details on the summary include, names, addresses and date of birth for the donor and attorney. How attorney decisions are made, whether there are instructions or preferences (althought the specifics of the instructions and preferences aren't inlcuded) when the LPA can be used, date the donor signed the document and the registration date.
Thanks,
Laura
Comment by Nikki Spencer posted on
If the system does not provide details of preferences and instructions, how do organisations access those? These details are important and could restrict the use of the LPA? Chances are that if not easily available, organisations will simply ignore their existence against the intention of the donor.
Comment by Laura Crouch posted on
Good afternoon Nikki,
There is a small minority of cases where there are instructions or preferences listed on the LPA, around 10%, third parties should still request sight of the LPA to check these.
Thanks, Laura
Comment by Laura Crouch posted on
Hello Rachel,
The details on the summary include, names, addresses and date of birth for the donor and attorney. How attorney decisions are made (jointly, severally, etc), whether there are instructions or preferences (although the specifics of the instructions and preferences aren't inlcuded) when the LPA can be used, date the donor signed the document and the registration
Yes, you can download a PDF version of what is seen online.
Thanks,
Laura
Comment by Andy Chapman posted on
Whilst I'm glad to see this progressing, it hardly scratches the surface if LPoA documents were registered before 2020/2019. I'm a LPoA registered in 2013 and have been driven up the wall by organisations not recognising perfectly valid documents. Having to have certified copy LPoA documents re-certified three times is no joke. It's wasted huge amounts of my time and been one of the most stressful processes I've ever had to handle. As another comment says, it's been like dealing in last century processes. Please make haste to make this accessible to all LPoAs.
Comment by Jayne posted on
I totally agree. Online visability cannot come soon enough for ALL POAs. Financial organisations seem determined to make acting as POA as difficult as possible and their delays and failures in returning POA documents makes doing anything other than face-to-face a nightmare.
Comment by David Satchell posted on
If it is possible to see whether there are preferences and instructions but not what they are, then what is the point of any of this? I know many home (and professionally) prepared LPAs don't contain any preferences or restrictions (even in relation to the most important decision as to whether to withdraw life sustaining treatment) but almost every single one I have ever prepared has, and in both LPA types.
Protection of the vulnerable with suitable safeguards is the most important issue, not making it as easy as possible for attorneys. That should be borne in mind with this development especially where, as has been pointed out above, there may be a separate instruction indicating that notwithstanding the registration, the LPA is not to be used without the Donor's agreement whilst they retain capacity.
This development takes control out of the Donor's hands and is one more reason why I would always advise Donors to make a condisdered decsion as to registration, especially in relation to a finance and property LPA, rather than do so automatically as the OPG encourages, as it leaves the way open for decision to be made without consultation with the Donor, in direct contravention of the Mental Capacity Act.
Make LPAs when you are fit and well. Register your Health & Welfare one straight away in case it is needed in a hurry (as abuse is more difficult) but register the Finance & Property one when it is apparent it is going to be needed - of those who do lose capacity (and not all of us will), most will lose it gradually with plenty of warning to register. Of those who lose it suddenly, if registration is commenced immediately then in practice there is little prejudice given most people's income and payments happen automatically through their accounts - how many manual transactions are ultimately that urgent when weighed against the safeguards being given up otherwise?
And for those who say you shouldn't appoint an Attorney you don't trust, look at all those cases of financial abuse and then consider the argument in favour of safeguards again.
I am a solcitor and I haven't registered my Finance LPA but my attorneys know where it is if it needs to be registered in a hurry.
Comment by Caroline Amos posted on
The Use an LPA service displays a banner at the top of the page which confirms if the LPA is valid, and, for property & finance LPAs, if the attorney can act while the donor has mental capacity. It also confirms that, in these instances, the attorney can only act with the donor's permission.
If the donor does not want a property and finance LPA to be used until they have lost capacity, this is an option, and can be chosen on the form.
When attorneys can act remains unchanged from the current paper-based system, and any decisions should be made in the donor’s best interests.
An LPA is an agreement between a donor and attorney(s) and is registered by the OPG on the understanding that the attorney is somebody that the donor trusts. This includes the understanding that, before creating and sending the LPA, the donor has spoken to the attorney about how and when they should act.
The vast majority of LPAs do not have instructions or preference listed in them, unfortunately in the small minority of cases where there are instructions or preferences listed on the LPA, third parties should still request sight of the LPA to check these.
Based on the year 2018/19, concerns and investigations remain a comparatively tiny percentage of our overall registered caseload, which stands at around 4 million registered LPAs. Currently 0.17% for concerns raised and 0.07% for cases investigated. The conversion rate of concerns being sent to investigation stands at 36% of the 0.17%, and 24.2% of these cases we investigated in 2018/19 resulted in a court application. OPG carried out 1,897 investigations in 2017 – 2018. 459 cases (24.2%) resulted in an application to the court – mostly seeking advice.
Comment by David Satchell posted on
That still doesn't avoid a situation where a Donor wants to register it and have it on 'Stand by', with the original retained by a solicitor or other person with an instruction only to release in certain circumstances. It is not a process I use myself as any registered LPA is dangerous if it isn't to be used immediately, but I know some who do, in order to avoid the very long delays that can occur in the registration process (it is currently taking the OPG 5 - 6 weeks to even acknowledge applications).
I agree that Donors should be able to trust who they appoint but unfortunately that isn't always the case and which is way prominence should be given to safeguarding over convenience.
With all due respect, an LPA is registered because it is compliant and the OPG gets the requisite fee, no checks whatsoever are done as to the trustworthiness of the Attorneys unless someone, well meaning or otherwise, objects to the registration. No check is carried out to see if the LPA has even been completed by the Donor, something which is an intergral part of professionally prepared LPAs. The online tool is a charter for the preparation of fraudulent LPAs.
It should be a rarity for LPAs not to contain preferences and instructions as these are the key to making them work effectively, but as long as the OPG considers they can be considered online without advice, inferior LPA will result.
I have seen in another blog about how many professionally submitted LPAs are rejected. Unfortunately, in my experience, whilst clerical issues are human, by far the mabjority of rejections I suffer are due to OPG staff not understanding what they are looking at - a process which resulted in my pursuing a severance case to the High Court where the objections raised by the OPG were withdrawn, although it was then over 12 months before OPG staff were made aware of the decision, and LPAs continued to be rejected in the meantime even though the wording i was using had been judicially approved.
Comment by Caroline Amos posted on
Hi David
Thank you for this follow up enquiry. You have raised some very interesting points here. We'd welcome you to get in touch directly with OPG to discuss your points further. On the situation you have highlighted in the last paragraph, if you have a specific complaint, may we ask that you direct these to the OPG Complaints inbox at opgcomplaints@publicguardian.gov.uk
Kind regards
Caroline
Comment by Elizabeth Foggin posted on
What safeguards to abuse are there on this new system? Specifically, if an attorney decides to bypass donor and act without their consent whilst the donor still has capacity?
If the detail of preferences /instructions are not divulged, only their existence, what safeguards are there to ensure that the preferences/instructions are adhered to?
Comment by Caroline Amos posted on
The Use an LPA service displays a banner at the top of the page which confirms if the LPA is valid, and, for property & finance LPAs, if the attorney can act while the donor has mental capacity. It also confirms that, in these instances, the attorney can only act with the donor's permission.
When attorneys can act remains unchanged from the current paper-based system, and any decisions should be made in the donor’s best interests.
An LPA is an agreement between a donor and attorney(s) and is registered by the OPG on the understanding that the attorney is somebody that the donor trusts. This includes the understanding that, before creating and sending the LPA, the donor has spoken to the attorney about how and when they should act.
The vast majority of LPAs do not have instructions or preference listed in them, unfortunately in the small minority of cases where there are instructions or preferences listed on the LPA third parties should still request sight of the LPA to check these.
Comment by Liz Foggin posted on
People make LPAs for future use because:-
(a) They can only make them when they don’t need them
(b) the length of time the OPG’s registration process takes and the documents only being valid after they have been registered.
Whilst this new tool is to be applauded, donor’s often chose when they want to let the genie out of the bottle and so give their attorneys with access to their original or certified LPA. If they lose capacity, evidence is usually obtained. The cliff edge introduction of this functionality means that it was not considered by donors who SIGNED their LPAs before the new scheme was introduced, meaning they may not have chosen to register the LPA at this time.
Given the huge backlog the OPG currently has in registering LPAs and the number of LPAs previously registered, what is being done to address the increase in risk to donor’s who SIGNED their LPAs before 17 July 2020 and may very well have taken a different approach had they known the increased potential for abuse?
Comment by Caroline Amos posted on
The Use an LPA service is a tool intended to better assist donors and attorneys in sharing the details of the LPA with organisations. It is an addition to the existing paper-based process to more efficiently share some key information in the LPA.
While donors and attorneys have access to the Use an LPA service upon registration, there is a banner at the top of the page which, when accessed by anyone, shows whether the LPA is valid and whether the attorney can act while the donor has mental capacity (on property and finance LPAs). There is also confirmation that, in these instances, the attorney can only act with the donor's permission.
An LPA is an agreement between a donor and attorney(s) and is registered by the OPG on the understanding that the attorney is somebody that the donor trusts. This includes the understanding that, before creating and sending the LPA, the donor has spoken to the attorney about how and when they should act.
Based on the year 2018/19, concerns and investigations remain a comparatively tiny percentage of our overall registered caseload, which stands at around 4 million registered LPAs. Currently, 0.17% for concerns raised and 0.07% for cases investigated. The conversion rate of concerns being sent to investigation stands at 36% of the 0.17%, and 24.2% of these cases we investigated in 2018/19 resulted in a court application.
OPG carried out 1,897 investigations in 2017 – 2018. 459 cases (24.2%) resulted in an application to the court – mostly seeking advice.
Comment by Kirsty Allen posted on
There is a complete disregard for the safeguarding issues surrounding this.
I echo the comments made by Naomi Pinder. The increased potential for these powers to be abused is incredible from an office who supposedly "helps people in England and Wales to stay in control of decisions about their health and finance and make important decisions for others who cannot decide for themselves" (taken from http://www.gov.uk).
The banks are not the only ones who should have been consulted about the new service, especially when, from a private client lawyer's perspective, they are a law unto themselves anyway.
Comment by Wayne hay posted on
Hello I have received my mother’s two LPA’s and have registered them on the new use lasting power of attorney service will I be able to pass on a code to organisations such as bank,utility bill providers if so what portal do they use (website) to put the code in to see the digital LPA’s
Comment by Laura Crouch posted on
Hello Wayne,
Yes the code can be passed to organisations of the individual's choosing.
The portal and info on using it can be found here - https://www.gov.uk/view-lasting-power-of-attorney
Thanks, Laura
Comment by Matt Trott posted on
Is it possible to see an example of exactly what an organization will be able to see, once provided with an access code by an Attorney
Comment by Caroline Amos posted on
Hi Matt
You can view a demonstration of the service here - https://www.youtube.com/watch?v=1UG6vwGB6cE&feature=youtu.be
Kind regards
Caroline
Comment by John Smith posted on
Will the summary of the LPA be automatically populated once you activate your account with the LPA reference number and activation code? There is also a concern that in the summary you don't provide the specifics of the instructions and preferences. As this is likely to be required by many organisations to understand the parameters and scope of the LPA, this renders the system useless as you would still need to request to see the full copy of the LPA.
Comment by Laura Crouch posted on
Good afternoon John,
Once you have your activation code and created an account the summary will be populated.
The vast majority of LPAs do not have instructions or preference listed in them, in the small minority of cases, around 10%, where there are instructions or preferences listed on the LPA third parties should still request sight of the LPA to check these.
Thanks, Laura
Comment by Alison Walker posted on
Yes please - the current situation is very difficult. My LPAs for my mum were registered in July 2019. When can I expect an activation key?
Comment by Laura Crouch posted on
Hello Alison,
We don't have a date yet for adding in applications from 2019.
Thanks,
Laura
Comment by Caroline Amos posted on
Hi Alison
At this time the service is only avaible for LPAs registered by the OPG after the 17 July 2020, we are continuing to look into how we can make the service avaible for LPAs registered before this date but at this time we do not have a time line for this.
Kind regards
Caroline
Comment by Ronald posted on
Laura
May I make a suggestion.After unsuccessfully trying to obtain an activation key ,for LPoA issued in 2015.I found that you were only at this sage doing 2020.There must be many more who have tried,
Would it be possible to put the date you are working up to,thereby
saving a lot of time and effort
Comment by Laura Crouch posted on
Good afternoon Ronald,
Applications created after the 17 July 2020 will be automatically added to this service and we will be working to add in those created earlier in the year and from 2019 but we don't have a date for this just yet. This is explained in the blog post in a bit more detail.
Thanks,
Laura
Comment by Caroline Amos posted on
Hi Ronald
This is something we are currently working on and will be added to the online service pages soon.
Kind regards
Caroline
Comment by Jules McGill posted on
Husband appointed me and his brother as LPA Health and Finances.
Entered onto the registration on 7 May.
We received notification of this on May 9th
However, I am having discussions with the NHS regarding misconduct in January and need a certified copy of LPA. I have sent the registration details, but I am told they cannot tell me their findings without a certified copy. I have not recieved any activation codes to do this online. I spoke to the OPG this morning and was told she would send me details of LPA activation and the office would call me to take 35 pounds for a copy.
As it is the NHS, could they not access our LPA?
Comment by Laura Crouch posted on
Good afternoon Jules,
The NHS can search the OPG register to confirm if there is a registered attorney. They will need to put in a request, you can find this information here - https://www.gov.uk/guidance/nhs-staff-searching-our-registers-of-attorneys-and-deputies
I hope this helps.
Thanks, Laura.
Comment by Jules McGill posted on
Thank you this is helpful
I have also tried to contact OPG in regards to the LPA as we married after its registration and therefore the name needs to be changed and a new validated duplicate . I can never get through. Each day I have waited and been 30th in line and then cut off.
Comment by Colin Walmsley posted on
The access code for 3rd parties expires after 30 days - is that 30 days from when the code is generated, or when the 3rd party receives it (as per Local Authorities needing to check LPA's for Adult Social Care)
Comment by Caroline Amos posted on
Hi Colin
The access code expires after 30 days from when the code is generated.
Kind regards
Caroline
Comment by Michael Baron posted on
Might the OPG and the CoP between them consider whether and if so to what extent the process of getting a personal welfare deputy 0rder can be digitalised and the forms simplified . Too many parents and siblings are put off by the apparent need to consult ignorant lawyers who charge too much n these situations where a LPA does not give sufficient powers to a deputy, and where the 'patient' has never had capacity to give a LPA.
Comment by Caroline Amos posted on
Hi Michael
There are no immediate plans in this area. The court are looking to digitise, and deputies can use the online deputing reporting service, but there is no view to make the deputy order digitised. This is due to the court forms, which are outlined in legislation.
Kind regards
Caroline
Comment by Lynda Brunton posted on
I had heard of the new service of being able to allow those who need to view a POA to do so via a code and so followed the links on the https://use-lasting-power-of-attorney.service.gov.uk/ website and set up an account. I then found the reference number required had more digits than the one I had. After a lot more research I discovered this blog stating the service is only for the most recent POA's.
It would be useful if this could be stated on the page https://www.gov.uk/view-lasting-power-of-attorney as there is a link direct to this from google which was the one I followed as I imagine others would.
Like many others I was very pleased when I heard of the service and really hope that access is given to those with older POA's as soon as possible. I'm looking at back to 2015!
Comment by Caroline Amos posted on
Hi Lynda
We are looking at ways to make this clearer to customers.
Kind regards
Caroline
Comment by John Bradfield posted on
Where can the full text be found, of what will be displayed to anyone given the access code? I've tried to take screen shots but that is messy.
As an attorney within an LPA., I would object to certain debt collection companies being given any details about me, when they harass vulnerable people and the police and Trading Standards say they have no powers to stop it.
Surely, data protection law requires that each attorney give consent, before full details can be given to any organisations? Should that be stressed in all relevant contexts by the OPG?
The bureaucracy is so tangled at present, that it deters many from helping vulnerable individuals. Everything should strengthen ways of providing help.
One answer is to create an appendix within a LPA., which any attorney could complete as a Statement of Truth. That alone should be sufficient for any statutory, voluntary or commercial organisation to accept, if the usual penalty applies to false and misleading assertions of fact.
Comment by Caroline Amos posted on
Hi John
The same details are seen by all parties, so the same information is displayed on Use an LPA as well as View an LPA.
The Use an LPA service can only be accessed through a code generated by a donor or attorney, in the same way that a paper copy is shared. Access cannot be granted without the permission of one of these individuals.
Under the Data Protection Act 2018, the OPG handles personal data under the legal basis of fulfilling a 'public task'. 'Consent' is another of these legal bases, which does not apply to OPG as it is perfoming a public task.
Once an LPA has been shared with a third party, personal data then falls under their remit as the data controller. This third party may then require consent to use this data.
Kind regards
Caroline
Comment by John Bradfield posted on
I am deeply concerned about the all or nothing situation. It will stop me agreeing to act as an attorney for others and security remains so weak, I will take steps to end my current role as an attorney.
Having worked in the NHS and welfare services, I have always operated on a need to know basis and most definitely nothing more. I had to make sure I did not transfer specific information from one organisation's files to that of another, e.g. NHS to social services and vice versa.
LPAs contain highly personal details which are not relevant to commercial and other organisations.
What refinements can the OPG make to existing procedures, so it cannot be held partly responsible for failing to prevent needless risks, to all forms of abuse?
What is the OPG's response to what I suggested it could stress, "in all relevant contexts"?
How can the OPG ensure information is strictly and tightly limited to what any person or organisation needs to know?
I have suggested the use of Statement of Truth forms at the end of LPAs., so attorneys would be able to share nothing more than essential details, in a formal and legally acceptable way. What is the OPG's response to that suggestion?
Needlessly sharing information increases risks to acutely vulnerable people. Even corrupt police officers have used electronically stored information to trace and sexually abuse vulnerable adults and children. This heading for a police monitoring organisation's report will find evidence of that on the internet - 'The abuse of police powers to perpetrate sexual violence'.
The good news about policing organisations is that corruption is relatively easy to track down. Not so with commercial organisations, which may be sending their computer records to many outlets in any number of countries around the globe. By contrast, NHS hospitals can be prevented from sharing details with each other and there is a good reason for that.
Comment by Caroline Amos posted on
Hi John
As part of the LPA deed, when this is registered with third parties, they need to know the donor's details and the attorney's name, date of birth and address in order for the process to work. A large amount of user research with donors, attorneys and banks was conducted to reach the agreement of the type of attorney details which would be captured. As such, these are the essential attorney details for a third party to be assured of who these individuals are, as and when they come to make decisions for the donor.
If you're uncomfortable with this information being shared with the donor's third party organisations (like a bank), it is possible to stop being an attorney (disclaiming).
Kind regards
Caroline
Comment by Chris Ling posted on
My understanding is that the Office of the Public Guardian (OPG) is part of the Ministry of Justice. I also believe that NS&I is part of HM Treasury. Why is it that NS&I refuse to accept an access code issued by OPG and instead still insist on a copy certified by a solicitor sent to them in order to register a PoA? Surely other parts of government should be among the first organisations accepting implementation of this scheme?
Comment by Caroline Amos posted on
Hi Chris
NS&I have signed up to use the service. If you provide details on the specific branch/area of NS&I, we can raise this with them and investigate. Please email customerservices@publicguardian.gov.uk and mark for the attention of the Partnerships team.
Kind regards
Caroline
Comment by Robert posted on
Hi this new service is great in principle but so far none of the financial organisations I need to register the LPA with seem to be set up to use the access code, they all insist in seeing paper copies.
A list of organisations which are signed up to the service would be useful
Comment by Caroline Amos posted on
Hi Robert
This is something we are considering doing. We are reaching out to third parties to see if they would be interested in having their names published to confirm that they are accepting the service.
Kind regards
Caroline