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Powers of Attorney Bill - Sitting 1

01 March 2023

Proposing MP
Sheryll Murray Con
South East Cornwall
Type
Public Bill Committee

At a Glance

Issue Summary

The statement is about discussing clauses related to lasting powers of attorney in the Powers of Attorney Bill. The statement discusses the Powers of Attorney Bill which aims to improve the creation and registration processes of Lasting Power of Attorneys (LPAs) in England and Wales. The Powers of Attorney Bill aims to modernise and improve the process of creating lasting powers of attorney. The statement discusses the Powers of Attorney Bill and its aim to modernise the process for creating and registering Lasting Power of Attorneys (LPAs) in England and Wales.

Action Requested

No specific action is requested. The speaker is merely moving forward with the committee's proceedings to consider the relevant clauses and schedule of the bill.

Key Facts

  • Clauses 1, 2, and 3 are under consideration.
  • There is a single debate on all the clauses and the schedule.
  • The Bill facilitates improvements in safeguards for creating LPAs.
  • It allows for the registration of LPAs electronically while still providing a paper option.
  • Identity verification checks are introduced as part of the registration process.
  • Chartered legal executives will be able to certify copies of powers of attorney under clause 2.
  • Clause 2 extends to Scotland and Northern Ireland with no need for legislative consent motions.
  • The Bill introduces an electronic system to streamline the process and reduce the paper burden on the Office of the Public Guardian.
  • Future LPAs will be electronic documents accessed through electronic means, alongside a paper channel.
  • A digital database facilitates real-time updates and ensures a single source of truth for LPA status.
  • Modernising LPAs will help the Public Guardian to respond to changing societal needs.
  • The process involves removing the ability for anyone other than the donor to apply for registration of an LPA and allowing the Public Guardian to coordinate document completion.
  • Currently, the Public Guardian handles 11 tonnes of paper at any one time.
  • Chartered legal executives will be able to certify copies of LPAs under new legislation.
  • No legislative consent motion is needed for sections affecting Scotland and Northern Ireland.
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