I write in response to minister Bridget Prentice's comments in respect of lasting powers of attorney (LPAs) (see [2007] Gazette, 25 October, 13).
I have actually made LPAs for clients. They take significantly longer than enduring powers of attorney (EPAs) and are far more complicated. The forms have, due to their complexity, reduced the potential for self-completion in my opinion - but of course, what do I know? I am merely a high street practitioner.
LPAs do address some major defects that had arisen from EPAs and should be applauded for the principle, but as usual the government sledgehammer has been brought out to crack the nut. I see the potential for serious problems with being unable to assume incapacity because of registration for banks and building societies.
As for costs, a civil servant gets £150 for the registration, no advice is given, no duty is imposed and as for the time it will take, that is yet to be seen. The charge is purely for administrative work. The forms are not more complicated, insists Ms Prentice. May I suggest to her that she spends time firstly completing an EPA and then an LPA. Then she can spend time explaining the longer form to, in general, older and frequently vulnerable clients - the same ones who found the shorter form intimidating. What planet does she live on? Oh yes, the same one that thinks home information packs make house purchases go faster.
I am sure that my Court of Protection work will increase vastly as a result of the government's policy, as people simply will not make the powers. There will be a huge increase in court applications, and, as usual, the system will become overwhelmed. No one will have seen that coming. The vulnerable will be forced to pay for continual applications for confirmation that deputies are doing the right thing and there will be more applications for deputies.
Still, every cloud has a silver lining. My Court of Protection caseload will continue to increase, and I can sleep safe in the knowledge that the financial abuse is now the fault of the government.
Jacqueline Stringer, Symons & Gay, Romford, Essex
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