In July 2021, the Ministry of Justice published a paper calling for the modernisation of the LPA process. The Government have now published their response to this.
LPAs (Lasting Power of Attorney documents which give another person authority to act on your behalf in the case of temporary or permanent incapacity) were introduced in September 2007 and replaced the old Enduring Power of Attorney documents (that remain valid if made properly before September 2007). Since their introduction they have gone through a number of redrafts and the forms simplified, but they remain clunky documents with long drawn out delays in registration.
The Government's response acknowledges that things must be done to modernise the process and sets out its proposals. However it also confirms that there needs to be changes to the Mental Capacity Act before the process can be amended and so we won't notice any differences over night.
In the meantime, it continues to be important to ensure that you are protected and have LPAs in place to assist you. LPAs should not be viewed as only the need of the elderly - the Covid-19 pandemic has shown that you can be affected by mental and/or physical incapacity at any age. Feel free to message me for any information about LPAs.
We intend to improve witnessing, introduce identification checks and create a clearer process for objecting to the registration of an LPA, as well as introducing a digital channel and automation to aid in accessing the service and its sustainability.
https://www.gov.uk/government/consultations/modernising-lasting-powers-of-attorney