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The Powers of Attorney Act 2023 – All change for LPAs

​​​​​​Ian is a partner in Irwin Mitchell’s Lifestyle & Estate planning team dealing with all aspects of Private Client work; including trust formation, administration and termination; wealth succession; and, estate planning (including the making of wills and powers of attorney). Ian is a member of the Law Society’s “Wills & Equity Committee”, a full member of STEP and Honorary member of Solicitors for the Elderly. Ian contributed five chapters to the Law Society publication ‘The Probate Practitioners Handbook’; on topics of client care, complaint handling and costs as well as on dealing with digital assets on death.

Wednesday, 24 April 2024 | 10:30 AM GMT

About The Webinar

The Powers of Attorney Act 2023 ("POA 2023") received Royal Assent on 18 September 2023. The legislation follows a government consultation in 2021 to modernise the process of making a lasting power of attorney ("LPA") including introducing a fully digital LPA.

The POA 2023 amends the Mental Capacity Act 2005 as follows:

  • Allow for different ways to make an LPA: digitally; on paper, or, a mix of the two.

  • Ensures only the donor can apply to register the LPA (attorneys will no longer be permitted to do this).

  • Introduced identity verification requirements before an application to register an LPA to be accepted.

  • Require the Office of the Public Guardian ("OPG") to notify "named persons" when an application to register an LPA is complete and the registration process is starting.

  • Enable the OPG to operate a triage system for certain types of objection.

  • Widen the group of people who can lodge an objection so that it includes third parties not named in the LPA.

  • ​​​​​​​As yet we do not know the timescale for the introduction of a fully digital LPA, this is already in the design and development stage. Ian, though both The Law Society and with Irwin Mitchell,  has been involved in several workshops with the OPG on this process. This session is designed to give an up to date picture of the developments in this area and what we can expect as the changes in the way we make LPA for our clients.   

Webinar Presenters

  • Stuart Haydock

    Webinar Host

  • Ian Bond

    Webinar Host

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