Power of Attorney Debate

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Department: Ministry of Justice

Power of Attorney

Baroness Boothroyd Excerpts
Monday 11th November 2013

(10 years, 6 months ago)

Lords Chamber
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Baroness Boothroyd Portrait Baroness Boothroyd (CB)
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My Lords, this is the document to register power of attorney: it is 12 pages chock-full of questions, cautions and warnings. It is the most verbose document that I have had to deal with either for myself or for those I have represented in over 30 years in public life. Of course there must be safeguards in all this. A doctor has certified in this document that I am capable of making decisions—I have all my marbles. Why then do I have to name from two to five people to be told that I am registering power of attorney so that they can object to it? Why? Can this bundle of red tape and jargon not be withdrawn, consolidated in a new draft and put in the Library so that I and people such as the noble Baroness, Lady Trumpington, who said it all, and lots of other people who might want to see this—solicitors and what have you—can inject some common sense into it?

Lord McNally Portrait Lord McNally
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The last thing that I said to my officials was, “You realise I’m going to be addressing an informed and vested audience?”. I will make sure that the Hansard of these exchanges is taken as part of the public consultation, which I emphasise ends on 26 November. The reason for the consultation is very much to do with the noble Baroness’s point: there were, and continue to be, complaints about how complex this matter is. We hope that the outcome of the consultation will be a much simpler process which people can use.