Lasting Powers of Attorney are currently done in paper format but will shortly be moving away from this to a new digital format. Digital Lasting Powers of Attorney (LPAs) will allow individuals the option to complete, sign, and register their documents online, providing an easier and more accessible method than the traditional paper process. While this new approach aims to simplify the process, it's essential to acknowledge that creating an LPA is still a highly personal and legal decision with significant long-term consequences.
What is a Digital LPA?
LPAs are documents that enable loved ones to act on your behalf when you become unable to do so yourself. There are two types, health and welfare, and financial - and you can read more about them in a previous blog we wrote here.
Moving the process online in what are now known as Digital LPAs, promises to lighten the burden and modernise the system by spotting errors much earlier and allowing them to be fixed online, rather than waiting for documents to be posted back and forth. It is thought this could reduce some of the 80,000 sheets of paper the OPG processes every day!
However, the digital system is still quite complicated.
Early feedback shows that the new system is not very user friendly even to those who are digitally savvy. There are also other concerns, such as safeguarding which comes into play.
That is why solicitors are still vital in the Digital LPA process, because:
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We can make sure the Donor is of satisfactory mental capacity
If there is any doubt surrounding the donor’s mental capacity, it can throw the whole LPA into question. Solicitors can provide an extra layer of assurance and they can act as a neutral party should there be any questions surrounding the mental capacity of the donor. We can also make sure they are fully aware of the implications of appointing an attorney and also remove any doubt relating to whether or not the donor makes the power under undue pressure - which can also affect the validity of an LPA.
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Reducing the fear of losing of control
Appointing someone to handle your affairs for you can be concerning. Solicitors are crucial in helping to understand how to restrict powers if necessary, ensuring the donor’s wishes are respected.
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Improve consideration
Solicitors can help ensure proper consideration has been given to who is appointed and can also discuss characteristics to ensure they are right for the role. Are they trustworthy? Competent? Do they understand the practicalities of the role?
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Safeguarding
This is possibly the most important one. Financial and elderly abuse cases are on the rise and it is crucial we are doing all we can to prevent it. While Digital LPAs have built in safeguarding, there’s nothing quite like an extra layer of security that a solicitor can provide.
We can ensure the LPA is executed without any external pressure, coercion, or manipulation and ensure that the LPA reflects the donor’s true wishes and best interests.
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Any sign of trouble?
As we’ve seen all too often, things can go wrong and it can also have costly consequences. Engaging a solicitor early on will help prevent some of those unexpected surprises, but, should there be anything that arises along the way, a solicitor’s involvement can help avoid future disputes or confusion.
If you would like any more help or advice relating to your LPA or drafting a will, contact Downs Solicitors to see how we can help.
Contact Katie Carter
