The Powers of Attorney Act 2023 received the Royal Assent on 18th September 2023. The new legislation makes changes to the Mental Capacity Act 2005 and whilst there are no immediate changes to the system it aims to pave the way for a more modern process in the future.
Lasting Powers of Attorney (LPAs) allow people to appoint a person or people to manage their affairs if they become unable to do so themselves. This can be due to illness, disability, or mental incapacity. There are two types of LPA, one that deals with Property and Finance and one that deals with Health and Welfare.
The Powers of Attorney Act 2023 is still work in progress. It permits, in due course, the introduction of a number of changes to the law on LPAs, including:
• A new digital registration process.
• New identification checks: The Act paves the way for new identification checks for people who are creating or registering an LPA. This helps to prevent fraud and abuse.
• A clearer process for objecting to the registration of an LPA: The Act allows for the creation of a clearer process for people who want to object to the registration of an LPA. This should help to ensure that LPAs are only registered if they are valid and in the best interests of the person who is creating them.
• Clarifying the law on the capacity of people to create LPAs.
• Introducing new rules on the registration of LPAs
• Strengthening the safeguards for people who are subject to LPAs.
The Powers of Attorney Act 2023 is a significant piece of legislation that allows for the modernisation of the process in the future, with the aim of making the system more efficient, user-friendly, and secure. Any changes will be subject to testing and updates will be published over the coming months.
The Office of Public Guardian has also promised that an improved paper process will be introduced alongside the digital procedure.
Creating a Lasting Power of Attorney can still be a complex process and we would always recommend that specialist legal advice is obtained wherever possible.