Lasting power of attorney process to go online

The process of applying for lasting powers of attorney is to go on the web, under new proposals
Monday 30 July 2012 by Michael Cross

The process of applying for lasting powers of attorney (LPA) is to go on the web under proposals announced by the Office of the Public Guardian on Friday. Basic information about individuals subject to powers of attorney would also be posted online, protected only by a password, according to the proposals launched for consultation.

The Office of the Public Guardian says that the ‘digital by default’ service will help resolve problems that have dogged it since its creation under the Mental Capacity Act 2005. The consultation admits that the office’s systems ‘have struggled to cope with the high levels of demand for its services’, especially those applying to register lasting and enduring powers of attorney.

‘The main barrier has been the unreliability and inflexibility of the existing legacy IT system.’

Alan Eccles, the public guardian, said: 'More and more people are now taking the important decision to apply for lasting powers of attorney and we want to make sure we provide the best possible service for them - one that is simple, straightforward and effective. The proposed new online application process will make applying simpler and quicker, while the changes we plan to make in the “back-office” will make the whole service more efficient.’

The proposals are likely to be controversial. One problem will be the capacity of applicants to go online. The consultation says individual who are not confident with the process will be able to fill in the electronic forms with the help of a third party - ‘for example, a solicitor’.

Another sensitive proposal is for data about individuals to be made available online, for use by third parties in emergencies. The consultation proposes that ‘tier 1’ information about whether an individual is subject to a power of attorney would be available to registered users. ‘Tier 2’ searches of more detailed information would be allowed only if a member of OPG staff had assessed the request.

Jonathan Djanogly, the justice minister, said: 'These proposals aim to make a real and positive difference to people dealing with what can be an emotional and difficult process. It is another example of the smart, commonsense changes being made throughout the justice system to create a better, more effective service for the public.'

The consultation closes on 19 October.

Comments

LPA safeguarding

I am sure that this will open the door to abuse of vulnerable people - I suppose an electronic signature will replace a real one. Given that such an extraordinary amount of power is handed over by an LPA I hope pop ups will constantly remind those people creating an LPA to seek legal advice.

LPA Fraud

These changes will be welcomed by fraudsters worldwide.

Nowhere in the world is there such an easy system to defraud vulnerable people, and any reduction in the limited protection already available will be most welcome.

Clearly, any contact with staff does increase the very slight risk of our frauds being detected before it is too late.

Signed:
World Wide Alliance of Fraudsters

(You guessed it - I am NOT a fan of LPAs under the present system!

On Line LPA

Will the proposed on line system be extended to certificate providers to process applications online? and subsequently obtain automatic registrations? This would reduce current time scales from 8-10 down to nil. Certified documents could be downloaded immediately. Of course we would have to work out how objections can be raised by "named person"

The OPG needs to think "out of the box"

What a terrible idea. I

What a terrible idea. I agree that the current system is a shambles what with delays and missing paperwork. However, I advise my clients that EPAs were changed to LPAs with their additional safeguards of registration and Part B certificates to protect vulnerable people from abuse. I tell them how much simpler the old forms were but that they were open to abuse as people were drawing them up on someone else's behalf and getting that person to sign without them understanding what they were signing - which is exactly what I can see happening once again if the process goes online. Meeting the client and having them sign the documentation alone in my presence is an important part of the LPA creation process of confirming that they have capacity and understand what they are doing. I can see the advantages of having the option to register being available online so long as the system for notifying named persons remains the same. I just hope the OPG give the matter some considerable consideration and don't charge ahead like a bull in a china shop.

Scope for serious problems

I am not against progress but I am struggling to understand how the basics of this will work.

The basic information such as name and addresses of the people involved is uncontroversial, but proof of signatures provided by the donor, witnesses, certificate providers, attorneys and the issue about persons to be told all raise issues about how it can all be kept honest.

There will be security issues about access to the details of the LPA by the attorneys etc.

There is a large amount of room for serious problems with this proposal.

OPEN DOOR TO FRAUD?

Another bright idea by a government department. There was an earlier suggestion about thinking outside the box - this is a classic example of no thinking at all. All fraudsters must be rubbing their hands in anticipation at the thought of this being introduced.

Sufficiently secure online services - possible in theory

The world is moving online whether all of us like it or not. In theory it should be possible to create sufficiently secure online services – but given the legal profession's recent experience of ill thought through and badly executed initiatives [ “my SRA” , the RTA portal, anything done by the Legal Services Commission etc ], we are entitled to be both sceptical and genuinely worried about this.

Online LPAs

Regardless of the problems with the OPG I remain to be convinced that this is an effective remedy for LPA's. It leaves the most vulnerable adults in our society wide open to abuse/exploitation and fraud. I agree with Ms Pennington that the best safeguard to protect potentially vulnerable adults from the such abuse is the necessity for the donor to meet, face to face, with a lawyer, to discuss the purpose and implications of giving an LPA. This really is the only way that the would be donor's identity can be confirmed and their capacity can be assessed.

At the moment I just cannot see what online safeguards would be as effective as this and can only hope that a great deal more thought is given to this proposal before it is implemented, in any form.

Lasting Powers of attorney online

Its probably worth having a good look at the actual source of the proposals - see:

http://www.justice.gov.uk/downloads/publications/corporate-reports/OPG/opg-business-plan-2012-13.pdf

This shows that the aim is to allow people to prepare their own LPAs online (as I understand it) and then register them similarly.

Well its novel and as far as I know its not something any other country does, but I suppose its creative at least.

I rather hope that there will be better consultation with those of us who are at the sharp end of dealing with clients and who see some of the abuses that take place , only a few of which come to light I think. It would be nice if the Private Client section of The Law Society is invited to commnet when the detailed proposals are being formulated. Mind you given that the LPA legislation itself was enacted after consultation, much of which I think indicated severe reservations about what was proposed then, I wonder if we can be too confident that the outcome will work properly.

Lasting Powers of Attorney to go online

Do government departments never speak to each other? The Land Registry has already come a cropper over fraud through e-conveyancing. I do not see how they think they are going to protect vulnerable people from abuse if they initiate a system of applying for LPAs online. How are they going to ensure the donor has capacity and that the certificate provider is genuine? Don't they care? Furthermore based on past experience of government department's IT systems it will likely never do the job as intended and will cost us the taxpayers a small (not to mention wasted) fortune to find that out. Their problem is that they do not have enough staff to cope with demand but this is not the answer unless they want to make a bad situation much worse.

Online LPAs

A terrible idea. I fail to see how this can be secure, and I have an IT background. I agree wholeheartedly with Ms Pennington and Ms Howley. A lot of elderly clients do not understand the internet and will let 'friends' 'help' - this will play directly into fraudsters hands. Please think this through thoroughly before changing a troubled system. Is this just about cutting staff at the OPG?

LPAs

Would it be better for the OPG to charge £200 to register an LPA and keep to the present paper based system?

Or restrict any online submissions for registration to solictors orother properly regulated professions?

lasting powers of attorney online

I do not believe most laypeople will consider all implications before going online.
Some possible future events will just not occur to them.
LPAs online is a very bad idea.

Online everything

Why do the Government think the internet is the answer to everything, form the simplest issues to the most complex? Is the object to make access easier, or is it simply to cut anyone else out of the procedure because 'anyone can do it'. It is all part of the process to devalue the benefit of what any professionals do and make clients think that if 'anyone can do it' then even professionals must be able to do it at a price well below cost. The benefit of some advice along the way is completely undermined (but then, given the OPG's attitude to interpretation of restrictions, guidance and the like, perhaps the answer is to tell clients to go away and fill in the form with names and addresses and don't even try to think about including anything else).

Along with so many other proposals, anything that relies predominantly on the internet discriminates against older people and those in rural communities where internet provision is not the same as that enjoyed in urban areas. Where it involves the elderly in rural communities (many of whom I come across on a daily basis) there are plenty who have never used a PC, never mind the internet.

Its becoming a difficult enough job for the non-computer literate to get a tax disc in a rural area, getting an LPA will be a breeze!

LPA online abuse

I have just read the proposal and am frankly stunned that the OPG hasn't considered the need to guard against fraud or undue influence when creating LPAs online. This is a massive flaw and one which I hope the Private Client section of the Law Society will robustly challenge.

http://www.justice.gov.uk/downloads/publications/corporate-reports/OPG/opg-business-plan-2012-13.pdf

LPA and online fraud

It does make you wonder where these people get their ideas and just how much experience have they got of LPA's and elderley customers. Maybe we should introduce a new Olympic Sport of how fast you can defraud a person out of their wealth or sell their house when they are on holiday.
However I do see an opportunity for a new business where you constantly check that a client has not got an LPA finance with an unknown attorney and they still own their own house.

Half an Idea and Five Years Late, But Reform is Urgent

There is a massive need to reform PoA and this is merely a sop. It is necessary to rethink the whole process in line with Digital technology, rather than 'automate' a paper system. There are already two initiatives which overlap with this. I have written a paper on the OPPORTUNITY reform could grasp and it has been sent to the OPG's own working party on '3rd Party Operation of Accounts'. (DRAFT procedures are now in discussion). The consultation for the Dementia Friendly Communities Champion Group is unfortunately now closed. I will send a copy of the paper to anyone who requests at hatt@worldonline.co.uk. I have tried to thrust it in front of the editor of this fair organ to no avail!