A leading solicitor has joined a number of organisations raising serious concerns around the Government’s online function for creating Lasting Powers of Attorney (LPAs).

Kirwans’ John-Paul Dennis, who represents older and vulnerable people, has voiced his fears over a new report warning that creating an LPA without taking specialist legal advice could result in devastating consequences.

The findings, published by a coalition of organisations led by Solicitors for the Elderly (SFE), show that those choosing to produce their own LPA face 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.

John-Paul, who is an accredited member of SFE, said: “The prospect of people being able to submit an LPA application entirely online is a very concerning one, as it has the potential to put individuals, many of whom are already vulnerable, at risk of fraud and financial abuse.”

An 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.

During a study conducted for the report, participants were invited to create LPAs using the OPG’s online tool and other ‘DIY’ methods. The study revealed that:

• Some of the forms did not accurately express the way in which participants would want their affairs and welfare to be handled in the future;
• Documents made using DIY methods were more likely to contain elementary mistakes, rendering them ineffective and requiring additional application fees;
• Following consultation with a solicitor, most participants made significant changes to the permissions of their documents regarding how and by whom their affairs were managed.

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’.

With the OPG already receiving over 1,000 calls to its contact centre every day, the organisations behind the campaign say the Government body is potentially exposing people to unacceptable levels of risk and in doing so may be compromising its ability to safeguard those who are most vulnerable.

John-Paul said: “An LPA gives a third party the power to make potentially life-changing decisions on your behalf, so the importance of this legal document cannot be overestimated.

“It is extremely important that people consider investing in an LPA in order to potentially protect both themselves and their loved ones, but it is not a contract that should be drawn up or entered into without specialist guidance. We recommend that anyone considering an LPA goes to a legal expert to ensure they get the right advice, consider all the options, and safeguard themselves for the future.”

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