LASTING POWERS OF ATTORNEY - THE NEW FORMS ARE HERE AT LAST

30/09/2009

The Government has issued redesigned forms for Lasting Powers of Attorney. But a leading Nottingham law firm specializing in Private Client work has given the re-writes a mixed welcome.

Regular readers may know that the original forms were not well designed. They had very lengthy guidance notes. Unnecessary and unfair traps abounded. People trying to deal with the financial affairs of elderly and vulnerable relatives were left powerless and frustrated in limbo-land for four or five months on end while the Office of the Public Guardian coped with unexpected levels of registrations and enquiries.

So it was good to learn that changes at the OPG reduced the waits for registration. And there is to be a wholesale review, starting with rewriting the unloved forms, and part of their offices moving out of London to Nottingham.

In force from October 2009, the forms have been redesigned by professionals, with simpler plain English. But over-simplified in one or two places. The law is a complex creature, so don’t rely on everything the notes state or imply – at least one claim is overstated.

Heather Kirk of Rothera Dowson asks: “Are they the sort of forms the public can safely use without employing a lawyer? Well, almost. They are a much more manageable dozen pages or so.  But you’ll still need to use special continuation sheets in many cases, and resort to the photocopier if you want to appoint more than one attorney, which most people will.”

Heather thinks the forms look clearer and more logical. Most of the sneaky traps have gone. But even with guidance notes set out in the form where you need them, it’s still a pretty formidable document, and the print is pretty small. “Some older people will still need expert help to fill them in and get them registered with the Public Guardian.”

The big question is whether naughty nephew or nosy neighbour will still assume control. Or will people seek expert advice from the usual charities working with the elderly, or a lawyer specializing in elderly client work?

Heather isn’t sure whether the forms will reduce financial abuse of the elderly, for which the Enduring Powers took some blame. “We suspect there will still be some horror stories that see the light of day, and some that won’t.”

For advice and information on Lasting Powers of Attorney and Court of Protection work, contact Heather Kirk at Rothera Dowson on 0115 9100 600.