This week the Ministry of Justice (MoJ), in collaboration with the Office of the Public Guardian (OPG), published a consultation on plans for how lasting powers of attorney (LPAs) can be modernised.
Our modernising LPA project aims to improve the process of making and registering an LPA by, increasing safeguards, improving access and ensuring OPG is working sustainably while keeping LPAs as affordable as possible.
The development of digital channels has transformed the way people think and act and we need to adapt our processes to ensure we meet the needs of the public.
Our ambition is to use technology to improve our LPA services, without compromising safety or limiting access for people who aren’t online, and the launch of our consultation marks an important next step in making LPAs safer, simpler and fit for the future.
We’re keen to hear views from stakeholders, donors, attorneys, and the wider public, and over the next 12 weeks we’ll host a series of workshops to discuss our plans and explore key themes in more detail.
The consultation and online workshops
Responses to the consultation will help shape how we make the changes needed to build a sustainable service that meets user needs.
Key themes from our proposals will be discussed in more detail during the series of online workshops, which we’re inviting you to attend.
An introductory livestream event will mark the start of the sessions, be open to all, and available to watch again at a later date.
| DATE | TIME | SUBJECT |
| 28 July | 13:00-14:00 | Introduction with Minister Alex Chalk and Public Guardian Nick Goodwin |
| 5 August | 10.30-12.30 | Workshop - Safeguards |
| 17 August | 13.00-15.00 | Workshop - Safeguards |
| 25 August | 10.30-12.00 | Workshop - User Access |
| 31 August | 13.00-14.40 | Workshop - User Access |
| 9 September | 13.00 – 14.30 | Workshop - Fit for the future |
| 14 September | 10.30-12.00 | Workshop - Fit for the future |
There is limited availability for the workshops so we’re encouraging people to register their interest by signing up to the events via the links above.
Responding to the consultation
We want to hear your views on what we’re proposing and are encouraging people to respond to the consultation.
A Welsh version will be made available within the next 10 working days and an Easy Read version will also follow publication.
If you have any questions about the consultation, please email mlpaconsultation@justice.gov.uk
10 comments
Comment by Jonathan Maskew posted on
The digital transformation of LPAs is inevitable in my view; whilst there will be challenges and hurdles to ensuring that the risks to prevent any undue influence or elements of capacity are addressed then tech driven solutions will allow the process to be much more efficient and come into line with the online and digital approach that "client" want.
Comment by Dr Andrew Ruddle posted on
Such a development will, I am sure, be warmly welcomed by all who have grappled in the past with any part of the process - especially activation. I do, though, have very serious misgivings about the acceptance of it by ALL (repeat ALL) official and commercial organisations. Your comments logs have been replete with lists of banks and insurance outfits who have refused to engage with your excellent track-an-application service and to insist on paper all the time. We (the users) have no choice - we just have to engage with them.
Further, and wider, in my experience the handling of the overall process by many outfits is poor, sometimes verging on the incompetent [and don't forget hostile staff], and - again - we have no power to force them to hurry up or even take note of complaints.
Given that more and more will be taken out and activated in the future, is it at all possible for you to either a) get an undertaking from banks, etc to take the whole process seriously - for example with trained staff and/or b) create an official complaints section so that the most useless offenders are identified and can be either updatesd/helped or (I can hope) pilloried in the media ?
Comment by Caroline Amos posted on
Thank you for your comments on the Modernising LPA blog and the use an LPA service.
With regard to the Use an LPA service, we are continuing to work with a very wide range of stakeholders across all sectors including other government departments, utility companies and financial institutions. A large number of organisations were involved in the research for and trial of the service. We’re working with more and more organisations every week who want to start using the service.
Lasting Powers of Attorney which include instructions and preferences are not currently part of the service. These account for approximately 10% of applications. Therefore, as only a small number of LPA’s include them, we have taken the decision not to include them in the first phase of the product but continue to look into ways we might be able to include them in future.
Should an attorney want to use the service with an organisation, they should check with that organisation directly as to whether they can do so.
We’re happy to help organisations to understand what’s involved. Any organisation that wishes to use the service can also register online the first time someone sends them an access code to use.
We have worked closely with financial institutions over the past few years and continue to work closely with organisations on the service, particularly banks and financial institutions who will be part of the Modernising LPA consultation
OPG is the registering authority for Lasting Powers of Attorney, but banks and other organisations are free to set their own policies.
Comment by Genny Millinger posted on
Pending the introduction of a fully digital process, would it be possible for the OPG to provide an "official copy" service for donors and attorneys - for a modest fee - to obtain copies of a registered LPA, in the same way that one can obtain official copies of birth, marriage and death certificates? The LPA forms run to many more pages than with the former enduring powers, and as each page has to be certified as a true copy of the original it is a nightmare trying to find a solicitor prepared to certify even 2 or 3 copies (and more may be needed for registration with the donor's financial and other organisations).
Comment by Laura Crouch posted on
Good afternoon Genny,
OPG does offer a service to provide a certified copy of an LPA in exceptional circumstances such as the original being lost. If you still have the original then you do not need to use a solicitor to create certified copies. Guidance on how to do this yourself is here: https://www.gov.uk/power-of-attorney/certify
Thanks,
Laura
Comment by Louise Nunns posted on
Online is always going to be the way things go and I'm all for people doing them as early as possible, especially as no one knows what the future holds. But how does a person get the required confirmation from a GP etc that they have capacity if it's filled in online by the donor?
Is transactions getting certified copies is not always easy, can the submission of an OPG100 and reply not count as proof that the LPA is in place and valid? Especially in conveyancing transactions?
Comment by Laura Crouch posted on
Good afternoon,
Thank you for taking the time to comment. We're unable to use comments on this blog or anything that hasn't gone through our official channels as part of the consultation. If you can fill in the consultation through this link we can include your comments in our research https://consult.justice.gov.uk/opg/modernising-lasting-powers-of-attorney/
Thanks,
Laura
Comment by Harvey James CARRAGHER posted on
Hi
I have only just started to use LPA, my problem is the number of Goverment Departments that fail to use LPA, which makes life very difficult, Can some one help!!
Comment by K P Rowen posted on
The LPA system is currently unfit for purpose, solicitors charge exorbitant fees to create the LPA, then years down the line when the attorneys attempt to implement the LPA, guess what? Attorneys face repeated obstacles at each and every organisation. This system fails in its aspect of trust! There has to be a rethink of why attorneys seem to be all suspected of acting fraudulently. Whilst one appreciates security is essential, organisations need to cooperate with attorneys, not alienate them. When forming an LPA, it needs to be circulated to all the donors organisations where a LPA is deemed necessary and registration checked, then donors and attorneys can be safe in the knowledge that when needed implementation of the LPA can be swift and painless.
Comment by Laura Crouch posted on
Good afternoon,
Thank you for your comment and we understand your frustration.
We're unable to use comments on this blog or anything that hasn't gone through our official channels as part of the consultation. If you can fill in the consultation through this link we can include your comments in our research https://consult.justice.gov.uk/opg/modernising-lasting-powers-of-attorney/
Thanks,
Laura