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 latest Family Court statistics update reveals that there were a record number of applications and orders made under the MCA between July and September. 9,407 applications and 12,216 orders were made, up 19% and 34% respectively, making it busiest quarter for such work since these statistics have been made available. 26% of the orders related to the appointment of a deputy for property and affairs.

Other key figures in the report are as follows:

• 1,347 applications relating to deprivation of liberty, up 20% on the equivalent quarter in 2018 although a similar level to April to June 2019
• Orders made for deprivation of liberty decreased by 5% over the same period, from 610 to 578 respectively 
• 226,283 LPAs received, up 12% from the equivalent quarter in 2018
• 2,195 Enduring Powers of Attorney received, down 11% on the equivalent quarter in 2018

The latest Family Courts Statistics Bulletin shows that DoLS related court business is still growing. Between April and June 2019 there were 1,372 applications relating to deprivation of liberty up 18% on the number made in the same quarter last year, while the number of DoLS orders made increased by 17% to 651.

The Bulletin also shows that 8,110 applications were made under the Mental Capacity Act 2005 (MCA), up 9% on the equivalent quarter in 2018, 44% of which were applications for appointment of a property and affairs deputy. 11,814 orders were made under the MCA, 31% up on the same quarter in 2018. The authors of the Bulletin attribute this rise to a 72% increase in orders by an existing deputy or registered attorney. These account for 36% of all orders made under the MCA.

In total there were 225,289 Powers of Attorney (POA) received in April to June 2019, up 12% on the same quarter for 2018 with LPAs accounting for 99% of them.

The full Bulletin can be read on the MoJ website.

The latest Family Court statistics has revealed that the number of application under the MCA to the Court of Protection are running at record levels. Between January and March 2018, there were 8,089 applications and 10,262 orders made in January to March 2018, up 3% and 15% respectively – the highest quarterly volumes seen since these records began. 

Just under half (48%) related to applications for appointment of a property and affairs deputy. In comparison, there were 10,262 orders made under the MCA, up 15% on the same quarter in 2017. A third (33%) of the orders related to the appointment of a deputy for property and affairs. 

The Bulletin Editors also note the continued increasing trend in applications and orders made in relation to deprivation of liberty There were 1,213 applications relating to deprivation of liberty made in the most recent quarter, up 25% on the number made in January to March 2017. Similarly, orders made for deprivation of liberty increased by 17% over the same period, from 547 to 639 respectively. 

However the rapid growth in the number of LPAs applications received in 2015 and 2016 seems to be abating. In January to March 2018, there were 192,469 LPAs received, up 3% from the equivalent quarter in 2017. EPA applications were also down with 2,540 received, down 25% on the equivalent quarter in 2017. 

The full Bulletin can be read on the Gov.uk website - see ages 12 & 13.

The numbers of applications for DoLs and LPAs have continued to rise sharply according to the latest court statistics from the Ministry of Justice.

Between April and June 2017, 919 applications relating to deprivation of liberty were made, that's an increase of 24% on the same period in 2016. The number of orders made almost doubled, from 375 to 689 respectively. (see also the graph below)

The figures also show that applications for LPAs continued their upward trend with 194,012 applications received, up 30%. Applications for  Enduring Powers of Attorney (EPAs) though declined, with 2,953 applications received,  down 9%.

MCA applications remained steady with 7,623 applications (compared with 7,616 applications in 2016) but the authors note that the number of orders made increased by over 50% (10,205) driven, they say, by "a clearance of outstanding cases and an increase in the number of cases being dealt with by regional courts."

Further detail is in the Family Court statistics report available on the MoJ website.