Commons Sense

House of Commons · Bill Debate

Power of Attorney (Amendment) Bill - Clause 1

09 December 2022 · 9 other contributors

Opened by Stephen Metcalfe Con South Basildon and Burnham

Summarised by AI from the official record, so it can contain mistakes.

Read the full transcript on Parliament.uk

At a glance

Stephen Metcalfe raised concerns about power of attorney (amendment) bill - clause 1 in the House of Commons. Other MPs contributed to the debate.

Key points

  • Mr Stephen Metcalfe proposes the Power of Attorney (Amendment) Bill to reform the process for making and registering lasting powers of attorney.
  • The bill aims to modernise the registration process by introducing digital channels and expanding certification to include chartered legal executives.
  • Mr Metcalfe highlights issues with current paper-based processes, high backlogs, and difficulties in understanding complex guidance.

How the debate unfolded

MPs spoke in turn to share their views and ask questions. Here's what each person said.

Opened the debate

Stephen Metcalfe Con South Basildon and Burnham

Mr. Stephen Metcalfe proposes to move the Power of Attorney (Amendment) Bill, which aims to reform the process for making and registering lasting powers of attorney (LPAs). He outlines the need for LPAs due to increasing dementia cases and the protection against fraud and abuse. The bill introduces two key changes: modernising the registration process by introducing digital channels and expanding the certification scope to include chartered legal executives. Mr. Metcalfe highlights current issues with paper-based processes, high backlogs, and difficulties in understanding complex guidance, proposing a more streamlined system that includes identity verification and automated checks.

Other contributors (9)
  • Peter Gibson Con Darlington

    Mr. Peter Gibson emphasises the importance of enduring powers of attorney and highlights the necessity for people to register them when capacity is lost, clarifying that many mistakenly believe there are no steps required once an enduring power of attorney is in place.

  • James Sunderland Lab Hastings and Rye

    Mr. James Sunderland acknowledges the importance of better safeguards for financial and property issues, protection against loss of mental capacity, and abuse of power as proposed by the bill. He also questions whether the cost will be reduced with the inclusion of chartered legal executives.

  • Alex Cunningham Lab Stocksbridge Penistone

    Cunningham supports the bill's aim to modernise LPAs, stressing the need for technology to enhance donor protection. He highlights ongoing issues with the Office of the Public Guardian and welcomes measures that strengthen protections but questions why some Law Society recommendations were omitted from the Bill.

  • Holly Mumby-Croft Con Scunthorpe

    Mumby-Croft thanks her colleague for bringing forward this important private Member’s Bill and expresses support based on her personal experience with LPAs. She emphasises the importance of modernising the system to ensure easier access, particularly for those suffering from conditions like dementia.

  • Jerome Mayhew Con Broadland and Fakenham

    Mayhew supports the Bill, citing his experience as a barrister attorney who found the current system complex. He welcomes provisions to make LPAs easier through digital means while ensuring a paper alternative remains available, highlighting increased protections from abuse.

  • Peter Gibson Con Richmond Park

    Gibson, as a solicitor with extensive experience in LPAs, welcomes the Bill’s measures to update the preparation process and streamlining for clients. He emphasises the importance of legal professionals in assisting with LPA preparation while noting that it may not be essential.

  • Danny Kruger Reform East Wiltshire

    Kruger expresses support for the Bill, drawing attention to the significance of LPAs and the potential dangers of elder abuse. He raises concerns about moving towards a paperless society but appreciates the measures in the Bill.

  • Mike Freer Con Horsham

    Mr. Freer supported the Bill, emphasising its importance in addressing an ageing population with a rising number of people needing LPAs due to conditions like dementia. He highlighted that preparing early for loss of capacity is crucial and praised the Bill's proposals to make LPA registration safer, simpler, and more accessible through digital means while maintaining paper options. He also mentioned the Government's consultation on potential solutions.

  • Stephen Metcalfe Con South Basildon and East Thurrock

    Mr. Metcalfe reiterated his support for the Bill, summarizing its key objectives such as improving access through digital channels while retaining paper options, implementing identity checks to prevent fraud, simplifying objection processes, streamlining application procedures, and enhancing the role of chartered legal executives.

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