Pauline Davies sets out her reservations towards an electronic LPA system

By appointing a lasting power of attorney, an individual is giving legal responsibility to a selected person to make decisions on their behalf. This could be because they are incapable of doing so due to mental incapacity, a short-term illness or even temporary residence in another country which makes it difficult for them to manage their affairs back home, and because of this, it is essential that the process is completely flawless.

These life-changing experiences affect people of all ages. However, with statistics showing that three quarters of people aged 65 and over in the UK are living with a major illness and more than one million people will have some form of dementia by 2025, it is the older generations that are more vulnerable, and thus more likely to apply for an LPA. The implications, therefore, of having the whole process online should be carefully considered.

Silver surfers

Despite the growing number of ‘silver surfers’ in the UK, a report by the National Office for Statistics highlights that 67 per cent of those who have no internet access are over the age of 65. This throws up questions relating to the accessibility of such a system to almost an entire generation, as well as significant security issues.

The traditional method of appointing a solicitor to help with the application process ensures that an individual’s wishes are officially recognised and that the interests of that individual are protected. The new proposals will see people able to complete the process by themselves with no third-party assistance and with no way for the OPG to guarantee the credentials of the certificate provider. This raises huge issues regarding the need to protect often vulnerable people against possible fraud and undue influence.

The reasons behind the proposals, according to the Public Guardian Alan Eccles, relate to the inadequacy of the current system in dealing with the increasingly large numbers of applications, with the process having been constantly criticised for its inefficiencies since it was introduced in 2007 under the Mental Capacity Act 2005.

The OPG claims that an online system will eliminate these issues by creating a simple, straightforward and effective process, however it is vital that the benefits of such a system are considered alongside those of the existing system, as well as its potential drawbacks.

Personal touch

Meeting personally with a client and being able to explain fully the reasons for applying for an LPA, the implications of doing so, and the procedure involved, is all an integral part of the process for a solicitor and one that is hugely valuable. Seeing a client face to face ensures that he or she fully understands exactly what they are entering into, and demonstrates that they have the capacity to be doing so.

With a wholly online system and with the required verification element removed, these professional assurances would be eliminated and the probability of vulnerable individuals being coerced or willfully encouraged to act against their best interests greatly increased.

I acknowledge that the internet is slowly taking over many areas of modern life, with the rise of internet banking, online property sales, and general retail, and there is certainly ground to suggest that for many, an online process would be hugely beneficial. However, we need to ensure that the system works for everyone and I am sceptical about the potential outcome of a wholly web-based system.

The OPG should take feedback received via the ongoing consultation very seriously and should certainly consider the implications of the proposed system before it causes problems of a different kind, namely discrimination of a large segment of society, as well as those relating to security.

The Ministry of Justice consultation on the new online system is due to close on 19 October 2012.

Pauline Davies is a solicitor at Shropshire-based PCB Solicitors www.pcblaw.co.uk