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Local Solicitor offers urgent warning

View profile for Alistair MacFarlane
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 Local Solicitor offers urgent warning about Government’s ‘risky’ online legal tool

  • Alistair MacFarlane Partner at Dutton Gregory Solicitors, issues warning about the Government’s online tool for Lasting Powers of Attorney (LPAs)
  • LPA tool leaving people at risk of financial abuse and fraud
  • Coalition of organisations including Solicitors for the Elderly (SFE), Action on Elder Abuse, Anchor, Contact the Elderly and The Society of Later Life Advisers are backing new report

Alistair MacFarlane Partner at Dutton Gregory Solicitors has joined a number of organisations representing older and vulnerable people to raise serious concerns around the Government’s online tool for creating Lasting Powers of Attorney (LPAs).

A LPA is a powerful legal document that allows a person to appoint trusted individuals to make important decisions about care and finances on their behalf, in the event of a loss of mental capacity through an accident or illness such as dementia.

In May 2014, the Government’s Office of the Public Guardian (OPG) launched its online LPA tool, which it claims allows people to create the documents without the need for professional advice from a solicitor.

A new report, published by a coalition of organisations led by SFE, warns that anyone creating a LPA without taking specialist legal advice faces a significantly higher risk of being left with an ineffective legal document, incurring additional application fees, and even becoming a victim of fraud or coercion.

The report also raises concerns around the potential of a completely digital system proposed by the OPG, whereby ‘wet signatures’ – the physical signing of the document – would no longer be required.

Alistair MacFarlane a full accredited member of SFE, said: “The prospect of being able to submit a LPA application entirely digitally is extremely concerning, and raises some serious questions around the potential for fraud and financial abuse. A LPA is by far the most powerful and important legal document an individual can have, because it allows you to pass potentially life-changing decisions about your affairs on to a third party.  It’s absolutely right that people should be planning ahead for the future with LPAs, but granting someone this sort of authority over your affairs is an extremely big responsibility for all parties involved. This is a specialist area of the law, and we recommend that anyone considering a LPA goes to a legal expert to ensure they get the right advice, consider all the options, and safeguard themselves for the future.”

The number of LPAs being registered has increased steadily since the launch of the online tool, with over half a million registered in 2015/16 alone. The OPG is actively trying to convince more people to apply for LPAs online, having set a target for the service to comprise 30% of all applications from April 2016 to March 2017. In its latest Annual Report, the OPG even admits it is willing to take ‘risks’ in striking a balance between ‘empowering and safeguarding’.

To download the report ‘The Real Cost of DIY LPAs’ go to: http://www.sfe.legal