Reforms to modernise the process for making and registering lasting powers of attorney will ‘generate competition in the legal services market’ by giving chartered legal executives greater powers, the MP behind a government-backed private member's bill has said.

The Lasting Powers of Attorney Bill will allow chartered legal executives to certify a copy of a power of attorney.

Stephen Metcalfe, the Conservative MP who introduced the bill to parliament, told the House of Commons yesterday that the certification process does not require specialist legal skills yet chartered legal executives – ‘lawyers who provide mainstream legal services’ – are not included among those able to do this.

Stephen Metcalfe MP

Stephen Metcalfe introduced the Lasting Powers of Attorney Bill to parliament

Source: Parliament.co.uk

‘That does not make any sense and is not in line with the evolution in the legal services sector that has allowed chartered legal executives to carry out many of the same functions as solicitors. Indeed, during the pandemic, Land Registry used its discretionary powers to accept copies of lasting powers of attorney certified by chartered legal executives,’ he said.

By amending the current legislation, ‘we will remove the barriers facing chartered legal executives in the provision of this service, increase the channels through which consumers can certify a copy of a power of attorney, and promote consumer choice and generate competition in the legal services market’, he added.

Justice minister Mike Greer confirmed his department would continue to support the bill.

The bill would ‘remedy an anomaly in the process that allows Chartered Institute of Legal Executives lawyers to participate in the creation of a power of attorney, but then renders them unable to certify as genuine a copy of the same document’, Greer said.

 

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