The Modernising of the Lasting Power of Attorney

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). In more recent years, demand for digital services has increased significantly. Digital channels provide many opportunities to improve access and speed of service.

Due to this, the Ministry of Justice and OPG are working together to modernise LPAs.

Their aims of this work are to:

  • increase safeguards, especially for the donor
  • improve the process of making and registering an LPA for donors, attorneys and third parties
  • achieve sustainability for OPG whilst keeping LPAs as affordable as possible for all people in society

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 a consultation and they need public views on the proposals and to collect evidence on how to proceed with the development of solutions.

Submitting your response:

MLPA – Vulnerability Policy Unit 
Family and Criminal Justice Policy Directorate
Ministry of Justice 
Post point 7.25 
7th Floor 
102 Petty France 
London 
SW1H 9AJ

A standard response prepared by Caroline Bielenska can be located at Standard Response TemplateThe deadline for submissions is the 13 October 2021.

If you have any queries on any of the above, please do not hesitate to contact Ellie Howard Taylor atellie.howard-taylor@clarionsolicitors.com

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