Modernising the LPA process

The Office of the Public Guardian (OPG) is responsible for the LPA process. However, it has received criticism for failing to deal with backlogs and long registration times. Problems include poor staff retention, a paper-based process, and management of the large LPA register. 

 

The reforms should streamline and modernise the service. Simplification will make it easier to create an LPA, reducing errors and preventing fraud. Funding for the improvements will come from the increased registration fee of £92. The increase applies to personal welfare and property and affairs LPAs, so registering both will cost £184. In some cases, you can still apply for exemptions to fees. 

 

Digital LPA applications. Paper forms will still be available to apply for LPAs. However, the drive is towards a digital approach. You can do this yourself or someone can act on your behalf. You’ll need a GOV.UK One Login account to apply online. 

 

Separate processes. The new LPA process will involve separate forms for different roles. The roles apply to the person setting up the LPA (the donor), certificate providers, attorneys, and trust corporations. Everyone involved must sign their forms within two years. 

 

The role of certificate providers. The certificate provider confirms donors meet certain requirements to create a valid LPA. The changes will give them a more active safeguarding role. This is likely to include making sure no one is pressuring you, as the donor, to set up an LPA. They must also confirm you know what setting up an LPA means. Certificate providers must witness your signature and, if you can’t sign digitally, there must be an extra witness. 

 

Identity checks. Donors and certificate providers must confirm their identity, although attorneys appointed by LPAs probably won’t have to do this. 

 

Registration fees. Only you can register an LPA. You must pay the registration fee, preferably online, before anyone else signs. 

 

Rectifications and notifications. A digital service will simplify requests for rectifications and notifications to named individuals. The OPG will handle any objections raised although appeals may still go to the Court of Protection. 

 

Older and more vulnerable donors may not feel comfortable with the new digital processes. Currently you receive a paper draft of your LPA to read and approve. If all documentation moves online this could cause concerns for some people. In addition, many may not have access to a laptop or smartphone. Professionals can help draft an online LPA, but questions remain about the review and approval process. 

 

Once set up, the process will require an alternative to the certified paper copies of LPAs attorneys often need. This may involve sharing digital access codes, for example, which raises questions about security. 

 

While you need to understand what setting up an LPA means, you may not understand the details of the new digital processes. You may need to rely of third parties to manage this for you. This could limit your ability to access, control or monitor your LPA. Unauthorised access to your online account also raises safeguarding concerns. 

 

Necessary protections could add further administrative delays at the OPG, which could affect the promised improvements in efficiency.