Notts lawyer warns about new government ‘DIY’ legal tool
NOTTINGHAM-based law firm, Cleggs Solicitors, has said caution should be taken against the government’s online Lasting Powers of Attorney (LPA) tool after a recent report by Solicitors for the Elderly (SFE).
A LPA is a powerful legal document that allows a person to appoint trusted individuals to make important decisions on their behalf, in the event of a loss of mental capacity through an accident or illness.
In May 2014, the Government’s Office of the Public Guardian (OPG) launched its online LPA tool, which it claims allows people to create the documents without the need for professional advice from a solicitor.
SFE, an independent, national organisation of over 1,500 legal professionals, has recently released a report which found that the online LPA tool left people facing a significantly higher risk of being left with an ineffective legal document, incurring additional application fees, and even becoming a victim of fraud or coercion.
Suzanne McAuley, associate at Cleggs Solicitors and full accredited member of SFE, said: “The prospect of being able to submit an LPA application entirely digitally is extremely concerning, and raises some serious questions around the potential for fraud and financial abuse.”
The report also raises concerns around the potential of a completely digital system proposed by the OPG, whereby ‘wet signatures’ – the physical signing of the document – would no longer be required.
The number of online LPAs being registered has steadily increased since the launch, with over half a million registered in 2015/16 alone. The OPG is actively trying to convince more people to apply for LPAs online, having set a target of 30% of applications to be online this financial year. In its latest annual report, the OPG admits it is willing to take ‘risks’ in striking a balance between ’empowering and safeguarding’.
With the OPG already receiving more than 1,000 calls to its contact centre every day, the organisations behind the campaign say the Government body is potentially exposing people to unacceptable levels of risk and in doing so may be compromising its ability to safeguard those who are most vulnerable.
Suzanne added: “An LPA is by far the most powerful and important legal document an individual can have, because it allows you to pass potentially life-changing decisions about your affairs on to a third party.
“It’s absolutely right that people should be planning ahead for the future with LPAs, this is a specialist area of the law, and we recommend that anyone considering an LPA goes to a legal expert to ensure they get the right advice, consider all the options, and safeguard themselves for the future.”
To download the SFE report ‘The Real Cost of DIY LPAs’ go to: http://www.sfe.legal
