LEGAL EAGLE: Reconsidering the position of everlasting energy of legal professional
“Decisions can be about your property and finances, or your health and well-being.”
These decisions can be related to either your property and finances, or your health and well-being.
Q: What is the current process like?
The current procedure for obtaining an LPA is mainly based on a paper application. It can be a lengthy process of up to a few months, so we recommend taking steps to prepare an LPA as early as possible.
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The government has now launched its 12-week consultation examining the current LPA process. Some changes may arise as a result of this consultation and we should learn more about the implications in the months ahead.
Q: What changes to LPAs is the government considering?
The advice will take into account:
Changing the LPA process to a predominantly digital service, with alternative arrangements in place for those who do not have internet access;
Extending the powers of the public guardian’s office to verify identities and stop / delay the registration of an LPA if there are concerns;
The process of objecting to the creation of an LPA, changing who can object and when people can object. In addition, objection should be made simpler in order to prevent potentially abusive LPAs;
The role of witnessing and whether it should be remotely done or abolished;
The possibility of introducing further safeguards against fraud and abuse;
A fast-track system for everyone who urgently needs to set up an LPA. For example, for a relative who has suddenly changed in their health.
Whether it would be possible to integrate the new online service with the lawyers’ case manager systems or how the lawyers would otherwise access the online service.
The consultation started on July 20, 2021 and will run until October 13, 2021.
Ben Hoare Bell LLP regularly advises individuals who have permanent powers of attorney or proxies. For further advice, please contact our Court of Protection Team on 0191 565 3112 or by email [email protected] More information is available at www.benhoarebell.co.uk.