Overview

The Powers of Attorney Bill aims to improve the system for Lasting Powers of Attorney (LPAs) in England and Wales. It makes changes to how LPAs are registered and provides clearer rules around evidence of LPAs, impacting the process for those granting and using them.

Description

The Bill primarily amends the Mental Capacity Act 2005, focusing on LPA registration. Key changes include:

• Streamlining Registration: Simplifies the application process for registering LPAs, clarifying the application requirements and the role of the Public Guardian.
• Improved Verification: Allows for regulations to introduce requirements for verifying the identities of those involved in the LPA process.
• Enhanced Objections Process: Provides a clearer framework for handling objections to LPA registration, including those from third parties.
• Modernized Evidence: Updates provisions on proof of LPA registration, including accepting electronic forms and allowing regulations to specify electronic forms of evidence.
• Expanded Authorised Professionals: Chartered legal executives are now included as authorized professionals who can certify copies of powers of attorney.

Government Spending

The Bill does not directly specify changes to government spending. However, the amendments might indirectly affect government spending by altering the workload and processes of the Office of the Public Guardian, which could lead to increased or decreased administrative costs. Specific figures are not provided in the Bill text.

Groups Affected

The Bill primarily affects:

• Individuals creating LPAs (Donors): The simplified registration process should make it easier for them.
• Individuals appointed under LPAs (Donees): The changes will affect how they access and use the powers granted to them.
• The Public Guardian: Their responsibilities and processes regarding LPA registration will be altered.
• Legal Professionals: Chartered legal executives are now included as authorized professionals, expanding the pool of professionals who can certify copies of LPAs.
• Third Parties: The Bill provides a clearer process for third parties to raise objections to LPA registration.

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