Solicitors registering lasting powers of attorney could be compelled to complete the process through the government’s digital channel under proposals to reform the LPA process published recently. Compulsion is among the options suggested to reduce the 6% error rate in applications from solicitors, as well as to save the cost of handling paper.
These proposals appear at the end of a document in which the Ministry of Justice (MOJ) and Office of the Public Guardian (OPG) proffer comprehensive changes to bring the system, introduced under the Mental Capacity Act 2005, into the 21st century. Among the questions asked are whether remote witnessing is desirable and whether the OPG’s remit should be expanded to give it the legal authority to carry out checks such as verifying identities.
Justice Minister Alex Chalk MP said the proposed changes ‘will make the service quicker to use, easy to access and even more secure from fraud’.
On the question of solicitor applications, the document proposes ways to increase the low uptake of the digital application tool. This would reduce the 6% error rate in applications from solicitors as well as their ‘reliance on postal services and the time and costs of sending on vast amounts of paper’.
The document admits that the current digital channel ‘is limited in its ability to meet the needs of most solicitors’ firms’. This is partly because it is not integrated with law firms’ own document management systems. Its preferred solution would be a ‘solicitor portal’ interfaced directly with systems supplied by legal stationers. ‘The system would appear seamless to them, with access to the benefits of the new service, potentially including
- automated checks,
- instant submission to the OPG,
- automatic updates when changes are made and
- the ability to track the status of multiple LPAs at once.’
The alternative to voluntary take up of this proposal is to legislate to require solicitors to use the digital tool for certain aspects of registering Lasting Powers of Attorney.
A final approach would be to require solicitors to use all the elements of the digital channel after a certain date. ‘This would help OPG to become sustainable and create consistency in how the service is provided but would be extremely restrictive on how solicitors provide service to their clients,’ the document states.
Specialist practitioners urged the government to move with caution on the reforms. Technology is at the forefront of our everyday lifestyle and improving systems to improve efficiency and productivity is surely music to the ears of even the tone-deaf for providing a better service to clients and reducing the carbon footprint generated by postal applications. Perhaps, then solicitors will become appealing to even eco-warriors who constantly remind us of the impact human activity on climate change. There are systems in place that are a lot more stable than 2007 when the Act came into force. However, this has to be balanced against the scope for abuse. There is no doubt the system could be greatly improved but care must be taken.’
Extracts from Law Society Gazette
