Our consultation found that although it could be modernised, the process must protect the most vulnerable.
The proposed digitalisation of the lasting power attorney (LPA) process by the Ministry of Justice (MoJ) fails to make considerations for the most vulnerable and “significant ambiguities” remain, the Law Society has said in a consultation response.
The MoJ has proposed to make the process digital to improve the speed and accuracy of making and registering a LPA. But we are concerned that the proposal does not explain how this will impact the paper process. Many, including those in care homes or with learning difficulties will need to use a paper form, as well as the five million people over 55 who do not have internet access. It is also unclear whether the LPA will remain a deed.
In a statement, Law Society president I. Stephanie Boyce said: “While we support the MoJ and OPG’s aim of improving the LPA regime by making it digital we have areas of genuine concern… the consultation fails to address how the proposals will work for those who cannot access a digital service; nor does it address the need to ensure that the role of the certificate provider works within a digital process as was intended when the Mental Capacity Act 2005 was passed”.