UK Parliament / Open data

Powers of Attorney Bill

Proceeding contribution from Nickie Aiken (Conservative) in the House of Commons on Friday, 17 March 2023. It occurred during Debate on bills on Powers of Attorney Bill.

It is an honour to speak on this Bill, brought forward and championed so ably by my hon. Friend the Member for South Basildon and East Thurrock (Stephen Metcalfe). It is always a pleasure to follow my hon. Friend the Member for South West Hertfordshire (Mr Mohindra), who spoke very cogently on the subject.

I am incredibly glad that this Bill has had full support from the Government during its passage through Parliament. After all, it is a wholly sensible Bill and will bring lasting powers of attorney into the 21st century. In fact, it builds on some sensible recommendations that the Office of the Public Guardian and the Ministry of Justice identified in their recent work on modernising LPAs.

I recently heard from a constituent of mine, Tim, who works as a volunteer for the Paperweight Trust, a charity that provides free services to those needing guidance on legal, financial and welfare issues. Tim is an expert on this subject, so I was interested to hear his observation that the Office of the Public Guardian is taking much longer to process LPAs. Based on his experience, he told me that, for many people, the complexity and accessibility are a constant worry when it comes to this kind of documentation.

Therefore, I want to make some observations. First, how will this Bill seek to address the problems that Tim has highlighted, and will it make a difference? The Bill will deliver two important changes to legislation around powers of attorney and add to the work in the report led by the Ministry of Justice. It will reform the process of making and registering a lasting power of attorney to make it safer, easier, and more sustainable. It will bolster safeguards and explicitly permit a third party to object to the registration of a lasting power of attorney, a very important protection. Moreover, it will modernise the process of filling in a lasting power of attorney, a move that—in my view—is very long overdue.

Secondly, it will widen the group of people who can provide certified copies of powers of attorney to include chartered legal executives. From my point of view, that is most welcome, and works to correct a historic omission: it will mean that chartered legal executives can certify alongside solicitors, which I hope will mean that we can speed up the process, because there will be more professionals involved in it. I say to my hon. Friend who is taking the Bill through Parliament, the hon. Member for South Basildon and East Thurrock, that these reforms are most welcome. Of course, digitalisation offers the opportunity to create a more efficient service for creating powers of attorney; however, that process needs to put protecting older and vulnerable individuals at its heart. To that end, I emphasise the need for any digital system to place a premium on accessibility. I hope that we will hear from the Minister on that point.

About this proceeding contribution

Reference

729 cc1128-9 

Session

2022-23

Chamber / Committee

House of Commons chamber
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