Justice Minister Lord McNally has been advocating that LPA’s need a wider, younger uptake. He states in the consultation link above:
The vast majority of the 700,000 LPAs currently registered in the UK (94 per cent) are for over 60s, with almost half for over 80s, and the Government wants to make sure more people have one
Here are Legal Notebook we agree that along with Wills, LPA’s are must have. In Islamic hadith it states:
“It is the duty of a Muslim who has anything to bequest not to let two nights pass without writing a Will about it” (Sahih al-Bukhari) .
This we feel should be universal for all people in regards to Wills and LPA’s. While of course you have the alternative of Deputyship and varying a Will (HMRC link) which in theory can do the same thing. It is cheaper and more efficient to do so now.
Now as with all people of my generation, online generally = faster, efficient and greater chance of uptake. So this has to be good right?
Some Stats
Prior to LPA’s going online the average uptake was as so – About 43k sent in to be registered in the last year. (Courtesy of FOI) and Rejection rate was about 3.7k mark. (typical reasons for refusal of LPA’s).
Since the online incarnation you can now access completion levels online (explanation here) it shows 63k completions over that last 13 weeks, 5% of which have been online
(caveat being certain off-line measures are still pending such as signatures, payments. Also it mentioned “unique users” however as most people have dynamic IP’s and may not have registered it is difficult to determine who have been completing LPA’s or if they have done the process multiple times.)
The process shows 58% of visitors complete the LPA (pdf). This I feel shows that, barring some concerns that have bee raised on the protection side. It is a positive indication as to uptake of LPA’s which is always great. In theory will all the cross validation checks when doing the forms online should also reduce rejection rates. which is always great!
Given some time and keeping a close eye on LPA registration rates, I feel porting online may be a beneficial step in the long run. However the risk would be less protection for vulnerable adults. It remains to be seen how that may be combated in this new situation.
I always talk to clients about the importance of LPAs but the reality is that the younger couples cannot afford the fees, even though my fees are 50% of High Street Solicitors. They don’t have a lot of spare cash and some find it hard to afford wills. That is the reality of the situation
Hi Eric,
Thanks for dropping by. I take your point on price and I can relate as a “young couple” and drafting the LPA’s myself the registration fee itself is enough for me to have to plan it in my budget.
However the online aspect of it is a big draw to hopefully get more people interested / reduce rejection rates which can add an added cost.
I have been made a joint LPA of attorney.I have received form where I am named first,but have not signed any forms.The second named LPA has signed forms.The only form I have is with donors names and my name with second LPA.Should I have signed a separate form and if so who do I contact.
Kind Regards
L. Spence
From another point of view, I had made my solicitor (who was also my oldest personal friend) my and my wife’s LPA, which was subsequently properly registered. Problem is he died (intestate) before Christmas and was to all intents a sole practitioner, that is without the backup of a larger practice around him. Do I simply start all over again? Can’t see any guidance from Law Society etc of what to do in such circumstances.
Hi ALan, You should check with the OPG, if registered they would have copies and can provide one if needed.
Hi.. I have made a paper application for both Health and Finance lpas and also exception from fees claim.
The Finance lpa has been accepted. The Health one has been declined as my witness failed to add printed name and address on section 5, although it is signed. The name and address is printed everywhere required except that one section. The entire document has been returned to me with a letter advising I make a new application and a new claim for exception costs. I find this ridiculous. It cost me a fortune to post both documents and print off many pages I didnt need such as continuation sheets etc. Surely this is way over the top? As the witness name and address has been provided throughout, except that one section, why couldn’t someone in the office write the printed name and address and add their initials?