The Powers of Attorney Bill (PDF) (“the Bill”) is a Private Members’ Bill sponsored by Stephen
Metcalfe (Conservative). Explanatory Notes to the Bill (PDF) have been prepared by the Ministry of
Justice, with the consent of Stephen Metcalfe.
The intent of the Bill is to modernise and simplify the creation and registration of lasting powers
of attorney (PDF) (“LPAs”). It would enable both processes to be completed digitally, although a
paper service would be retained for those unable to access the digital service following a
Government commitment to do so (PDF).
The Bill would introduce a requirement for the verification of identity when an application is made
to register an LPA, while making the Office of the Public Guardian responsible for receiving
objections to registrations from attorneys or named persons. Third parties not named in an LPA
would also be able to object to registration. The electronic form of LPAs would be used as evidence
of registration, while copies of those powers already registered would continue to be valid.
The Explanatory Notes to the Bill (PDF) state that its effect would be:
"… that donors find it easier to create their LPA while also being better protected from abuse. 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."
The Bill would also add chartered legal executives to the list of persons authorised to certify copies of an LPA.
Second reading of the Bill in the House of Commons took place on 9 December 2022, when the
Government supported it.
A Public Bill Committee considered the Bill in one sitting on 1 March 2023. No amendments were
tabled and there was a single debate covering whether all three clauses and the Schedule should
stand part of the Bill, none of which were opposed.
The Bill was reported without amendment and remaining stages in the House
of Commons are scheduled for 17 March 2023.