Powers of attorney: Modernisation must come with reform

Government proposals to modernise lasting powers of attorney (LPAs) and push ‘technological boundaries’ to improve the efficiency of a system that is currently beset by delays and inconsistencies have been welcomed by CILEX.

Responding to the Ministry of Justice consultation in October, CILEX voiced support for the introduction of qualified electronic signatures as not just in the interests of consumers in general, but for the clients of CILEX Lawyers in particular, “given it will remedy the longstanding anomaly preventing CILEX Lawyers from certifying copies of LPAs”.

CILEX noted that the proposals did not resolve the certification barriers on copies for consumers who could not, or chose not to, access legal services digitally and called for this barrier to be addressed with an additional commitment to amend the Powers of Attorney Act 1971 to enable CILEX Lawyers to certify copies of the original documentation.

This would, the response said, “have the added benefit of empowering circa 3,000 additional lawyers to deliver these much-needed services”.

Further key points raised by CILEX included:

- Qualified electronic signatures, an innovative solution to a long-standing problem that causes unnecessary delays and confusion for practitioners to the detriment of clients, should be adopted and implemented at the earliest opportunity;

- The changes have the potential to address practitioners’ concerns that delays to LPA registrations have caused clients and their families additional stress and worry, particularly over the Covid period;

- Modernisation efforts need to remain sensitive to the vulnerabilities of an older client demographic and to ensure that the ability to safeguard against abuse, fraud and undue influence is not hindered as a result of the overhaul; and

- The government should work more closely with the profession to raise awareness of new technologies, to collaborate closely with tech providers in understanding risk assessments and the limitations of any new solutions, and to pilot proposals within client transactions so they can be safely developed for wider adoption in practice.

CILEX chair Professor Chris Bones praised government efforts to modernise the LPA system. “With full engagement with both the legal profession and technology providers, the proposals have the potential to create a more streamlined process that will benefit consumers,” he said, highlighting too the need for “safeguards to protect the vulnerable from exploitation”.