Online Lasting Powers of Attorney – the future?

The Office of the Public Guardian is introducing a system where it is possible to prepare and register a lasting power of attorney online. The intention of the Office of the Public Guardian is to make the process of creating a lasting power of attorney easier for members of the public.

A lasting power of attorney allows you to appoint someone to act on your behalf (your attorney) to deal with your financial or personal affairs, such as your property and bank accounts (a property and financial affairs lasting power of attorney), or personal decisions such as what kind of care you wish to have (a personal welfare lasting power of attorney). In order to make a lasting power of attorney you must have the mental capacity to do so. A personal welfare lasting power of attorney cannot be used on your behalf unless you lose mental capacity. 

In order to make a lasting power of attorney and for it to be used by your attorneys, it must be registered at the Office of the Public Guardian. There are three forms which need to be completed, the lasting power of attorney deed, the application to register the document, and a notice to a third party you have named in the document to be notified. 

The difficulties with creating a lasting power of attorney online are that any errors which are made in one document could be duplicated onto the other online forms, for example errors in dates of birth with figures being transposed. If errors are made at the registration stage, then the papers may have to be resubmitted and the registration fee of £130 may be charged again, causing unnecessary delay and expense. If any errors are not found, then it could cause huge problems for your attorneys when they are trying to use the document on your behalf, which may result in them having to make the document again, or if you no longer have mental capacity, to make an application to the Court of Protection on your behalf. 

It is vital that these documents are created correctly and we would strongly advise people to discuss making their lasting power of attorney with their solicitor, who is experienced at preparing and registering lasting powers of attorney, and dealing with any problems which may arise. 

Should you wish to discuss making a lasting power of attorney, please contact a member of our Private Client Team, Sarah, Belinda or Katie, who will be pleased to assist you. 

sarah@rdcsolicitors.co.uk; belinda@rdcsolictors.co.uk; katie@rdcsolicitors.co.uk