The Powers of Attorney Bill: Modernizing the LPA Process and Safeguards

The Powers of Attorney Bill, which recently had its second reading in the House of Commons, is set to bring about significant changes to the lasting power of attorney (LPA) process in England and Wales. The Bill, brought by Conservative MP Stephen Metcalfe, aims to modernize the LPA process by allowing for digital applications and electronic records as evidence of registration.

Supporters of the Bill, including Ian Bond from Thursfields, are optimistic about the proposed changes. Bond highlighted the importance of safeguards and the inclusion of third-party objections in the registration process. He also welcomed the provision for Chartered Legal Executives to certify copy powers of attorney alongside solicitors.

However, there are some concerns raised by legal experts such as Melinda Giles from Giles Wilson Law. Giles emphasized the need to ensure that the capacity of the donor is confirmed by the Certificate Provider and that the Attorney can register the Power on behalf of the Donor.

Holly Chantler from SFE stressed the importance of LPAs and the benefits of digitalization in creating a more efficient service. She highlighted the growing importance of LPAs in an aging population and the need for safeguards to protect vulnerable individuals.

Overall, the Powers of Attorney Bill is seen as a positive step towards modernizing the LPA process, but there are still some areas that need to be addressed to ensure the protection of donors and the efficient functioning of the system.