Question to the Ministry of Justice:

To ask the Secretary of State for Justice, if she will make an assessment of the (a) adequacy of safeguards against the misuse of online application forms for Lasting Power of Attorney and (b) potential merits of only providing forms following discussions with officials who are satisfied that Lasting Power of Attorney would be in the interests of vulnerable people.

Under the current system, the Lasting Power of Attorney (LPA) is a prescribed paper form, which to be used must be made validly and registered by Office of the Public Guardian (OPG). The form can be completed online but must then be printed, signed, and sent to OPG for processing.

LPAs are private agreements between individuals. While the OPG has a role in checking these documents meet the requirements for registration prior to use, and in investigating any alleged misuse, it cannot prevent an eligible person from making one.