Overview

This bill aims to strengthen protections for individuals using Lasting Powers of Attorney (LPAs) by increasing oversight of attorneys' actions and improving communication between relevant parties, including banks, care homes, and the Public Guardian.

Description

The bill introduces several key changes:

• Duties of Banks: Banks must report to the Public Guardian if they suspect an attorney is misusing a donor's funds or acting against their best interests.
• Powers of the Public Guardian: The Public Guardian gains the power to apply to a court for an account freezing order if they suspect misuse of funds. This allows them to temporarily freeze accounts to prevent further potential abuse.
• Review of the Public Guardian's Powers: An independent review will assess the effectiveness of the Public Guardian's powers and whether changes are needed.
• Duties of Care Homes: Care homes must notify the Public Guardian when a resident creates or registers an LPA, a new resident arrives with an LPA, there's a change in the resident's details or a resident dies.
• Notification of Death: Attorneys are required to notify the Public Guardian of the donor's death.
• Public Awareness Campaign: The Public Guardian must promote awareness of the facility to check for existing LPAs.
• Notification to GP: The donor's General Practitioner will be notified when an LPA is registered.

Government Spending

The bill doesn't specify direct government spending figures. However, costs will likely arise from the Public Guardian's increased workload in handling notifications, investigations, and the independent review.

Groups Affected

• Banks: New reporting duties.
• Attorneys: Increased accountability and reporting requirements.
• Donors (individuals granting LPAs): Enhanced protection against potential abuse.
• Care Homes: New reporting obligations.
• Public Guardian: Increased workload and responsibilities.
• General Practitioners: Will receive notifications about registered LPAs.

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