Doubts raised about online Power of Attorneys
Caring Times, January 2017
Organisations representing and providing services for older and vulnerable people have jointly raised concerns around the Government’s online tool for creating Lasting Powers of Attorney (LPAs).
An LPA is a powerful legal document which allows a person to appoint trusted individuals to make important decisions about care and finances on their behalf, in the event of a loss of mental capacity through an accident or illness such as dementia.
In May 2014, the Government’s Office of the Public Guardian (OPG) launched its online LPA tool, which it claims allows people to create the documents without the need for professional advice from a solicitor.
But a new report, published by a coalition of organisations led by Solicitors for the Elderly (SFE), warns that anyone creating an LPA without taking specialist legal advice faces a significantly higher risk of being left with an ineffective legal document, incurring additional application fees, and even becoming a victim of fraud or coercion.
The report also raises concerns around the potential of a completely digital system proposed by the OPG, whereby ‘wet signatures’ – the physical signing of the document – would no longer be required.