Emily Boorman, in our Wills, Probate, Tax & Trusts team, explains the changes that are coming.
Upcoming changes to the process of creating and registering a Lasting Power of Attorney (“LPA”) are set to digitise the process, with the goal of speeding up the process of registration and preventing fraud.
These changes will be a significant departure from the current process, which is a paper-based application, with no requirement to verify identity during the signing process.
Current position
- The average age of a Donor creating a LPA is 71-75
- There are currently six million registered LPAs
- There are complaints that the LPA system is outdated and registration takes too long
New process
The new process will be digital from start to finish. The Donor will have to begin the process by logging into the Government Gateway portal.
Once the Donor has started the process through the Government Gateway, the matter will immediately be logged with the Office of the Public Guardian (“OPG”). The aim of this is for the OPG to address concerns early in the process.
The Donor must provide ID to verify their identity before they will be able to sign their LPA.
The Certificate Provider must also provide ID and verify their identity before they are able to witness the Donor’s signature and verify the Donor’s capacity.
Although the process is not yet clear, it seems that the OPG will then send Attorneys a link to sign the LPA. The Attorneys will not be asked to verify their identity.
All of the above steps are subject to change, as the process has not been finalised at this point in time.
As the digital process begins to be implemented, the paper application process will still run alongside be allowed as an alternative. This ‘hybrid’ process will not avoid the need for the Donor and Certificate Provider to verify their identity.
Timescales
The changes were originally due to be implemented mid-2024. However, this is no longer the case. The new process will likely be delayed to at least late 2024, if not early next year. There are no firm timescales at this point in time.
Points to Note
There has been ongoing discussion on the digitisation of Wills and LPAs, particularly following the changes to the applications for obtaining a Grant of Probate. However, the outlined changes to the process for LPAs are unclear, and there is no certainty as to when these changes might be implemented.
This will not affect the existing registered LPAs but could affect those who might wish to have an LPA in future.
For further information or legal advice, please contact law@blandy.co.uk or call 0118 951 6800.
This article is intended for the use of clients and other interested parties. The information contained in it is believed to be correct at the date of publication, but it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional advice.
