Powers of Attorney Bill

Gagan Mohindra Excerpts

3rd reading
Friday 17th March 2023 Commons Chamber

[Mr Gagan Mohindra (South West Hertfordshire) (Con)]

I commend my hon. Friend the Member for Guildford (Angela Richardson) for her excellent speech. It is a real honour to speak in support of my very good and long-standing friend, my hon. Friend the Member for South Basildon and East Thurrock (Stephen Metcalfe). I have known him for 20 years and he continues to be a leading political light in my eyes. I aspire to his lofty heights.

The Government have wanted to introduce such a Bill for a long time. During the pandemic, we saw the need for modernisation and how much it is now required. The critical point about the Bill is that it will always be difficult to see a loved one no longer being able to make their own decisions, so ensuring that their wishes are protected is essential. Making it quicker and easier to get a lasting power of attorney and smoothing out the logistical process must surely be the right thing to do.

Within South West Hertfordshire we saw the community rally round during the very difficult pandemic to support the most vulnerable in our area, and I saw how technology was able to help with allowing those people to get on with their lives. Within my own work programme, things such as offering virtual surgeries and meeting virtually with local organisations remain a critical tool for interacting with my community—something I am sure that colleagues around the House continue to use today.

There are some excellent organisations working in South West Hertfordshire and across the UK to help people with lasting power of attorney, but I want to mention Age UK. Every one of those organisations has said that simplifying the process would be a help to even more people. The problem is that, as we all know, the applicants who have to use the LPAs have said that since the pandemic the process of obtaining one has been cumbersome with all the relevant paperwork.

In particular, organising the paperwork presents logistical difficulties for people who have become used to technology. It can also be an expensive process if people feel the need to use a solicitor. There has been an increase of 50% in the waiting time for LPAs, from about 40 days to 82, and there is currently no method to track the progress of an application. I am in support of this Bill. A digital method of verifying witnesses for an LPA is possible, given technological advances.

The Government consulted on whether a witness is still a necessary part of the process, how to reduce the chances of an LPA application being rejected by the Office of the Public Guardian and whether an urgent service would be helpful. The consultation got 313 responses and the overall response was positive. Respondents supported a modernisation of the LPA service that offers a digital and, just as importantly, a paper channel.

In conclusion, modernising the LPA application system will allow applications to be processed more quickly and easily while putting digital protections in place to keep the same level of security, which will help to give people peace of mind as they approach what can be a very difficult task.

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[Nickie Aiken]

My hon. Friend is absolutely right to highlight those issues regarding the digitalisation of the whole process. We all know that Governments, no matter their political persuasion, do not always have the greatest record in improving digitalisation of this kind, so I look forward to hearing from the Minister on that point. As we all know, he is an able Minister, so I am sure that he is already ahead of the game and knows exactly what he is doing to improve the speed of that digitalisation while keeping it within budget.

The premium on accessibility will be absolutely key for people who are not too familiar with the internet; given that 25% of over-65s do not use the internet, that is a point that we have to make, though as we get older, we are more used to using the internet. A woman who is in her 50s, like I am, is very used to using the internet now. [Hon. Members: “Never!”] I thank my hon. Friends for their kind comments. Likewise, any approach to a multi-channel system needs to work just as efficiently as the digital option.

[Mr Mohindra]

My hon. Friend is making a valuable contribution, as she always does. Does she share my concerns that if people who are not necessarily technology-advanced are seeking support in getting their applications through, there need to be relevant safeguards in place to ensure that those people are not being manipulated, as they would not necessarily have been if the system was purely a paper one?

[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.

[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.

[Mr Mohindra]

My hon. Friend continues to amaze me with the quality of her speech and the points she makes. Does she agree with me that the fact we are discussing what some families may regard as a taboo subject, in this great Chamber, will hopefully give families up and down the country the confidence to start those conversations? As a result, if and when they need power of attorney, those difficult decisions and discussions will have happened well in advance.

[Nickie Aiken]

Again, my hon. Friend is absolutely right. I say to people in this House, and across the country, “Have the conversation now.” Having looked at the Bill and written my speech, I am going to have the conversation with my husband. We never know what is around the corner. I want to ensure that, if anything happened to me, my husband has the lasting power of attorney so that he can make the decisions both financially and for the benefit of my health—and vice versa.

That is what I learnt through the process with my father. When he sadly died last May, because I had the lasting power of attorney for the financial side I could help my mother with all the finances, which made it an easier transition. She had never had to do any financial planning or management in the household; it was always down to my dad. I could work with the insurance companies, the banks and the pension providers. It was a fairly seamless transition. One of the positives from the pandemic is that many pension providers and insurance companies will now accept the death certificate via email, so people do not have to keep posting so many copies of the death certificate. I hope the digitisation of the lasting power of attorney will have similar success in making the transition easier when people have to provide information to whoever they are dealing with on behalf of their loved one.