Changes to Mental Capacity legislation that will affect Lasting Power of Attorney (LPA) applications

Changes to Mental Capacity legislation that will affect Lasting Power of Attorney (LPA) applications, so get yours in place now before the changes come into play.

The Powers of Attorney Bill has been published and, once enacted, will introduce changes to the Mental Capacity Act 2005 (MCA 2005).

Here’s what you should know:-

The changes include (i) making provision for regulations to be introduced to allow those involved in making an LPA to select whether to sign the LPA digitally or on paper; (ii) removing the ability for attorneys to register an LPA so that only the donor will be permitted to register; (iii) providing for regulations to be made governing identification verification requirements in relation to registration applications; (iv) providing for a single route for registration objections to the Office of the Public Guardian (OPG) and widening the group of people who can lodge an objection to include third parties and not just those named in the LPA; and (v) making the notification of named persons that an LPA is being registered the responsibility of the OPG and no longer that of the donor.

So, why should you have concerns? Well, given what we all know is coming down the track with digital IDs, the digital signing and ID requirements do raise some red flags.

We wonder if people will get trapped into the government ‘one log in’ to prove who they are for Lasting Powers of Attorney (LPAs) when this bill becomes statute? It’s certainly worth a thought.

Therefore, perhaps people should consider doing their LPA now to avoid this requirement – just in case.

My Medical Choice is all about your Medical Autonomy in healthcare and making sure the emergency team treating you follows your specific wishes. When used correctly, it is a powerful system that can notify medical teams about allergies, procedures etc., right down to more personalised decisions such as people concerned about mRNA in blood, and/or, wanting a solution to vaccinated blood (as listed in the examples in some articles).

My Medical Choice is not here to judge your decision, it is about empowering people to have control over their own healthcare.