Overview:
- Reform to streamline lasting powers of attorney receives Royal Assent
- Will help safeguard against fraud
- Digitalisation will speed up processing and help to remove human error
On Tuesday 19th September, the Powers of Attorney Act received royal assent, which aims to ensure the process of making and registering a lasting powers of attorney becomes safer and easier.
In addition, chartered legal executives will now be able to provide certified copies of powers of attorney – a change which will come into effect in two months’ time.
One of the main efforts of the update is to digitalise the LPA process, moving away from the paper based system. With the number of LPA applications increasing, a paper system was becoming unsustainable.
A move to a digital system will also improve safeguarding around LPA applications, making them more efficient and reducing the risk of human error during the process. Digitalisation means errors will be identified earlier and allowed to be fixed online, instead of the current process where documents are posted back and forth when amends are required.
The updated Act includes plans for identification checks, which would require official documents such as a passport, driver’s license or Government Gateway account to protect vulnerable people from fraud or abuse.
Outstanding Questions
There are still some questions surrounding the efficiency and usability of the updated IT system for those who aren’t digitally literate, which will hopefully be ironed out during a user testing process.
There is also currently a need for more information surrounding the ID verification system for making a power of attorney and whether those who struggle with the digital process will be able to access this without significant help.
You can view the full update and monitor the status of the changes on the Government website here.
How Can NSS Legal Limited Help?
We understand the LPA process can be complicated, so our lasting powers of attorney solicitors can help to guide you through the complicated LPA process by:
- Preparing and registering LPAs for both Property and Financial Affairs and Health and Welfare
- Acting as Certificate Provider
- Advising on the inclusion of preferences and instructions suited to your needs
- Referring you to suitable advisers in other territories where Lasting Powers of Attorney do not apply.
Should you need assistance during the LPA process, please make an enquiry with the NSS Legal team.