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Modernising Lasting Powers of Attorney

Last week, the government launched a 12-week consultation into the modernisation of Lasting Powers of Attorney (LPA’s). An LPA is a legal document that allows someone to make decisions about your finances, health, and care for you should you lose mental capacity. The consultation aims to examine the process of creating and registering an LPA, with a view to modernise this with a new digital system.

Modernising the process could offer a more simplified and user-friendly platform. It could also make creating an LPA more affordable and encourage more people to consider making one. However, simplifying the process also carries greater risks, including making mistakes in your application, abuse of power and fraud.

In view of the risks involved, we recommend that you should always speak with an experienced lawyer who will be able to understand your circumstances and ensure that your LPA is well drafted, clearly setting out what you want and will be approved.

Digitalisation is happening worldwide and offers a fantastic opportunity to improve many legal services, but a fully digitalised platform could mean more older and vulnerable people being targeted for fraud, coerced or abused. The new system must offer appropriate safeguarding measures to ensure people are protected when making life changing decisions.

Solicitors For the Elderly (SFE) are a panel of solicitors who specialise in acting for vulnerable clients. SFE has been part of the stakeholder group which has assisted throughout the consultation process to provide feedback and advice. I am glad that solicitors will be able to have their say on such an important service.

Our experienced Mental Capacity & Deputyship solicitors specialise in this area of law and offer a personal and supportive service. Philippa Barton, a Partner and Head of the team, is a member of SFE, the membership organisation for specialist solicitors who support older and vulnerable people. To talk through your needs with one of our specialist team today, call us on 0330 822 3451 or contact us online.