LEGAL
Nottinghamshire-based lawyer issues ‘DIY’ legal tool warning
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). The report 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. An 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 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. The number of online LPAs being
registered has steadily increased since the launch, with over half a million registered in 2015/16 alone.
With the OPG already receiving
more than 1,000 calls to its 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 McAuley, Associate at
Cleggs Solicitors, said: “The prospect of being able to submit an LPA application entirely digitally is extremely concerning, and raises questions around the potential for fraud and financial abuse. “An LPA is by far the most powerful and important legal
‘An LPA is by far the most powerful and important legal document an individual can have’
Suzanne McAuley, Associate at Cleggs Solicitors
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.”
business network February 2017 49
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