Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what steps his Department is taking to tackle (a) fraud and (b) misuse of Lasting Power of Attorney.

Under the Mental Capacity Act 2005, execution of a lasting power of attorney (LPA) must be witnessed and a certificate provider must confirm that the donor understands the powers they are conferring on their attorney or attorneys and is not being coerced to make the LPA. A mandatory 4-week period must elapse before registration, allowing time for objections to be raised prior to registration.

Following consultation on ways to strengthen these protections, my department is working with the Office of the Public Guardian to implement a modernised LPA, facilitated by the Powers of Attorney Act 2023.

The modernised LPA will introduce identity checks for donors and certificate providers to reduce the risk that an unknown party could obtain an LPA in another person’s name without their knowledge. The certificate provider will be required to be present at execution of the LPA by the donor and a more streamlined objection process will allow anyone to object, making it easier for potential abuses to be challenged earlier in the process. These measures collectively should reduce the risk of fraudulent LPAs and abuse of the powers they confer.

Once the LPA is registered, any concerns about its use can be reported to the Office of the Public Guardian, which has authority to investigate. It can, if necessary, ask the court to remove the power for an attorney to act.