In September 2023, the Powers of Attorney Act received Royal Assent and passed into law. The Act was designed to make it easier to create a Lasting Power of Attorney, moving from a written document to a simplified process to create a document online. Here we look at some of the issues raised and whether the changes go far enough.
Power of Attorney Online
You can find plenty of information about creating a power of attorney online at sites such as https://powerofattorneyonline.co.uk/ where you will be guided through the process.
What is a Lasting Power of Attorney?
There are two kinds of Lasting Power of Attorney:
A Health and Welfare Lasting Power of Attorney allows attorneys to make decisions about health decisions including life-saving interventions where the donor does not have mental capacity.
A Property and Financial Affairs Power of Attorney covers decisions about financial issues and, with the donor’s consent, can be used upon registration.
The new Act is designed to speed up the process by making it possible to create a power of attorney online similar to other services such as applying for a divorce.
Does the Act go far enough?
The documentation must still be registered with the Office of the Public Guardian prior to use and the OPG has to verify the identities of donors and attorneys, which seems to conflict with the plan to speed up the process. Furthermore, there is the issue of whether the parties involved have access to the kind of documents which are needed for online verification, and what happens if the donor is unable to complete the online form when the proposed attorney or attorneys are barred from doing this on their behalf.
The Law Society has also raised concerns about confirmation of the donor’s mental capacity. This is because the new legislation does not lay out the responsibility of a Certificate Provider to confirm the mental capacity of the donor nor the relevant requirements for the fulfilment of that role.
The OPG aims to continue refining the online process.
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