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News & views

Powers of Attorney Private Members' Bill published

12/12/2022

 
Bill set to enter committee stage
A Private Member's Bill, that seeks to modernise the LPA application process, has been published and is now available on the Parliament website. 

The accompanying Explanatory Notes itemise the changes the Bill seeks to implement. If brought into force it will:
  • Allow regulations to provide for different ways to make an LPA depending on whether this is done digitally or on paper, or a mix of the two.
  • Ensure only the donor can apply to register the LPA.
  • Provide for regulations to set out identity verification requirements that must be met for an application to register an LPA to be accepted. 
  • Require the Office of the Public Guardian to notify the parties when an application to register an LPA is complete and the registration process is starting. 
  • Enable the Office of the Public Guardian to operate a triage system for certain types of objection.
  • Widen the group of people who can lodge an objection so that it includes third parties not  named in the LPA.
  • Provide for new forms of evidence of the LPA to be created and accepted and for the electronic form of the LPA as registered to be evidence of the LPA
It is now in the Committee stage though no date has yet been announced as to when the Committee might commence work.

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