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Lasting Powers of Attorney

I have heard that a new Lasting Power of Attorney system has been announced which will save time. Is this true?

I think that you are referring to the new digital “Use a Lasting Power of Attorney” tool announced by the Office of the Public Guardian (OPG) on 17 July 2020. Put simply the new system is intended to speed up the process to enable an Attorney (the person appointed to make decisions on someone else’s behalf) to action those decisions. Currently, it is necessary for an Attorney to produce a certified paper copy of the Lasting Power of Attorney (LPA) in order to prove the authority to act. The new system will allow an Attorney to activate an online account within twelve months of receiving a letter from the OPG in order to generate a secure code which may be supplied to, for example, a financial institution who can check the Attorney’s status via an online portal.

Whilst the OPG advises that the new online tool maintains existing checks to protect the vulnerable and the elderly from abuse of an LPA I consider that until the system has been in operation for some time there are potential risks if an Attorney is unscrupulous. In my view, there is now even more reason to seek advice from a specialist Solicitor as to the options which are available when wishing to create an LPA.

For more information on Lasting Powers of Attorney or any other aspect of wills, trusts and probate law please contact Greg Baker at Hegarty Solicitors on 01733 295 616 or email greg.baker@hegarty.co.uk

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