Powers of Attorney Bill

Debate between Chris Clarkson and Nickie Aiken

3rd reading
Friday 17th March 2023 Commons Chamber

[Nickie Aiken]

My hon. Friend makes a key point. The Ministry of Justice might want to look at what public-sector organisations, such as libraries and local authorities, can do to help support people—possibly older or more vulnerable people—who are not au fait with using the internet. That may be something for the Minister to consider eventually as this process continues.

However, I welcome the Bill and what it sets out to achieve. It is tough, and often heartbreaking, when loved ones lose the ability to make their own decisions as a result of mental incapacity. As such, a lasting power of attorney is one of the most important legal documents a person will make, so we need to get the legislation right. I will take this opportunity to provide my own experience with lasting power of attorney. I am the lasting power of attorney for my father and mother. I did that six years ago when my father was diagnosed with Alzheimer’s and it became obvious that he would not have the mental capacity to make decisions for himself as the condition progressed. At a point when he still had the capacity, we organised lasting powers of attorney on health and on the financial side. It is important to make the point that lasting power of attorney is so important in both areas—the financial side and health.

[Chris Clarkson (Heywood and Middleton) (Con)]

I am very interested to hear my hon. Friend’s experience with this process. Does she agree with me that, having been through the process, it is needlessly complicated?

[Nickie Aiken]

I thank my hon. Friend for his comments. We went through our family solicitor, who is somebody that we trust and who knew the family. My hon. Friend is absolutely right that the process can be long, and, when not using a solicitor, it can be quite unnerving for some people. It is such a massive and important document. From my own experience, when it came to the end of my father’s life, and there had to be major decisions made on whether to continue his treatment, the fact that I had the final say ensured that the family knew that we were making the decision for my father in his best interests. It was not left to medical professionals. I would absolutely trust a doctor or a medical professional to make that decision, but having the health power of attorney meant that I made the decision on his behalf.

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[Nickie Aiken]

I absolutely agree. We never know what fate has in store for us, and I urge my hon. Friend to put writing his will and arranging a lasting power of attorney at the top of his list, and I promise that I will do the same. I urge everyone in this country to discuss with those closest to them whether they should arrange a lasting power of attorney for each other.

[Chris Clarkson]

My hon. Friend makes an important point that everyone should have these conversations, but not everyone can follow up on them because of the expense of, for example, getting legal advice to arrange a will or power of attorney. She says she was fortunate to be able to use a solicitor, but that will be too expensive for some people. Does she agree that the measures in the Bill will make it much easier for people to access lasting power of attorney without incurring the extra expense and difficulty?