Ministry of Justice enables online verification of any power of attorney

The Ministry of Justice in the United Kingdom has introduced an online service that allows for the electronic registration and verification of powers of attorney (POAs). This service, known as the "Lasting Powers of Attorney (LPAs) and Enduring Powers of Attorney (EPA) registration service," was launched in 2013 to streamline the process and make it more convenient for individuals and their families.

A power of attorney is a legal document that grants someone else (known as an attorney) the authority to manage your financial and property affairs or make decisions about your health and welfare, in case you become unable to do so due to incapacity or absence. There are two main types of POAs: Lasting Powers of Attorney (LPAs) and Enduring Powers of Attorney (EPAs).

LPAs replace the former system of Enduring Powers of Attorney and Attorney Appointments for Property and Financial Affairs and Deputyship Orders for Health and Welfare. LPAs provide more flexibility and control for individuals, as they can specify exactly what powers they want to grant to their attorneys and when those powers should come into effect. LPAs can be used for both financial decisions and health and welfare decisions.

EPAs, which were introduced before 2007, only grant attorneys the power to manage financial matters. EPAs remain valid even if the person who created them loses mental capacity, but they cannot be used to make decisions about health and welfare.

The online registration service offered by the Ministry of Justice allows individuals to register their LPAs and EPAs electronically, eliminating the need to send original documents through the post. This not only saves time and money but also ensures that the registration process is more efficient and less prone to errors.

To use the service, individuals must first create an account on GOV.UK Verify, which is a secure and trusted identity assurance platform. Once their identity is verified, they can then register their LPAs and EPAs online. The attorneys named in the documents will also need to register with the service and provide their own identity verification.

Once registered, the LPAs and EPAs are stored securely on the government's register and can be accessed by the attorneys and the Office of the Public Guardian as needed. This makes it easier for attorneys to prove their authority when dealing with third parties, such as banks or local authorities.

The online verification service is just one of several initiatives by the Ministry of Justice to modernize and simplify the process of creating and managing powers of attorney. Other changes include the introduction of digital signatures for LPAs and the ability to revoke LPAs online. These improvements aim to make it easier for individuals to plan for their future and ensure that their wishes are carried out, while also reducing the administrative burden on families and public services.