The government response was published on the 19 May 2022 and sets out the government’s intended next steps based on analysis of the responses to the consultation.
We intend to improve witnessing, introduce identification checks and create a clearer process for objecting to the registration of an LPA, as well as introducing a digital channel and automation to aid in accessing the service and its sustainability. Creating a modern LPA service to make and register an LPA will require changes to the Mental Capacity Act 2005 and the supporting secondary legislation.
The lasting power of attorney (LPA) was introduced in 2007. It was designed to provide more flexibility and greater protections than its predecessor, the enduring power of attorney (EPA). However, the world is changing and people increasingly want to access services digitally. Digital channels provide many opportunities to improve access and speed of service, but they also require us to think anew about the safeguards we put in place in such systems.
It’s for these reasons that the Ministry of Justice and OPG are working to modernise LPAs. The aims of this work are to:
Creating a modern LPA service will require changes to the Mental Capacity Act 2005 and the supporting secondary legislation. The Ministry of Justice has launched this consultation as we want your views on the potential changes to the legal framework for lasting powers of attorney.
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