Mental Capacity Act Update: What It Means for LPA Applications

This article explains proposed changes to Lasting Power of Attorney applications under the Powers of Attorney Bill, including digital signing, identity verification, registration changes, objection routes and the role of the Office of the Public Guardian. It also looks at why people may wish to review their healthcare planning documents before changes to the process are introduced.

The Powers of Attorney Bill has been published and, once enacted, will amend 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 whether people will be trapped by the government’s ‘one login’ 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.

For anyone who wants to make their treatment wishes clearer before a crisis happens, it is worth understanding how an Advance Decision works in the UK. We have put together a practical guide explaining how to create an Advance Decision to Refuse Treatment, what it can cover, and why making your wishes accessible could help loved ones and healthcare professionals understand your choices when you cannot speak for yourself.

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