The Powers of Attorney Bill received Royal Assent yesterday to become the Powers of Attorney Act 2023.

The Act was introduced as a Private Members Bill by Stephen Metcalfe,  Conservative MP for South Basildon and East Thurrock. The biggest impact of the new law will be on the registration process as described by the Explanatory Notes below:

1. "The Powers of Attorney Bill will enable modernisation of the process for making and registering lasting powers of attorney (LPA) and make it easier for individuals to obtain certified copies of powers of attorney.
2. The Bill facilitates this wider modernisation by enabling changes to the process to make and register an LPA, introducing the requirement to verify identity as part of applying to register an LPA and streamlining how people can object to the registration. It also enables different processes and evidence to be accepted depending on whether an LPA is made digitally, on paper or a mix of the two.
3. The effect of this will be that donors find it easier to create their LPA while also being better protected from abuse. The Government believes that the public will be better protected from fraud and the Office of the Public Guardian will be able to run a more streamlined process that delivers better value for its fee payers. Overall, it will allow more individuals to retain control of their lives by planning for their future.
4. This Bill will also correct the current inconsistency in the regulatory framework preventing Chartered Legal Executives from certifying copies of powers of attorney."

As yet no commencement date has been set for implementation.  

You can read the documents relating to the Act, including the latest draft Bill, on the Parliament website. 

Powers of Attorney for Property & Finance: A User's Guide is the plain English guide which will help your clients manage their own situation more confidently. It is written by Ann Stanyer, a solicitor with nearly 40 years of experience in advising her own clients, and she has used that wisdom to set out clearly and concisely what an attorney's responsibilities are and how they should act to avoid disputes. It answers all the key questions such as :

1. when should they start using your power of attorney?
2. what records do they need to keep?
3. how they can work with the banks?
4. what happens if there is a complaint?

It also provides invaluable guidance on some of the more complex aspects of acting as an attorney such as deciding on what gifts can be made and things to look out for if there are foreign assets or holiday homes to be managed.

Due November 2023 / £20 / 270 pages / Paperback and ebook / ISBN: 978-1-7393103-3-2
Free digital edition worth £20 when you pre-order

The Office of the Public Guardian has published a short guidance note for attorneys and deputies setting out additional steps where a person lacks capacity to consent to the vaccine.

You can read the guidance on the gov.uk website. 

She succeeds Mr Justice Hayden from 13 February 2023