People applying for long term power of attorney to manage their loved ones affairs would be able to do so through online secure channels, the government has said.

The Mental Capacity Act 2005 (“MCA 2005”) provides a statutory framework to empower and protect people who may lack capacity to make some decisions for themselves.  The Public Guardian does this by registering Lasting Powers of Attorneys (LPA) and Enduring Powers of Attorneys (EPA), supervising Deputies appointed by the Court of Protection (the Court), and investigating the ways Attorneys and Deputies exercise their powers.

Development and implementing the online LPA would be a key part of the digital transformation of the Office of the Public Guardian. It would provide a quicker and simpler alternative for the public to the current paper-based system and will retain all the safeguards needed to protect people’s interests.

They would be able to use the service by themselves or, if they are not confident with the process, with the help of a third party – for example, a solicitor.

The digital transformation of the Office of the Public Guardian (OPG) services is designed to ensure that the OPG is able to deal effectively with future volumes across all areas of its business and to ensure that customers receive the best possible level of service.

It will maximise the opportunities for individuals to plan ahead and make decisions for themselves for a time in the future when they may lose capacity by ensuring OPG processes are as simple, speedy and accessible as possible.

'These proposals aim to make a real and positive difference to people dealing with what can be an emotional and difficult process,” Justice Minister, Jonathan Djanogly said.  'It is another example of the smart, common sense changes being made throughout the justice system to create a better, more effective service for the public.”

The OPG is working with the Government Digital Service (GDS) to deliver new user friendly services that take advantage of digital technology to assist in the making of LPAs and in the supervision of deputies.

These developments will feed into the Ministry of Justice’s Transforming Justice Agenda and the Government’s commitment for more public services to be “Digital by Default”.

'More and more people are now taking the important decision to apply for Lasting Power of Attorney and we want to make sure we provide the best possible service for them – one that is simple, straightforward and effective,” Alan Eccles, the Public Guardian, said. The proposed new online application process will make applying simpler and quicker, while the changes we plan to make in the ‘back-office’ will make the whole service more efficient.”