Firms providing lasting power of attorney (LPA) and deputyship legal services in England and Wales are acting diligently and there is no evidence they are delaying registration of their clients’ LPAs, according to a review by the Solicitors Regulation Authority (SRA).
The SRA discovered that delays in registration commonly stem from clients taking time to consider their next steps or issues known to the Office of the Public Guardian in England and Wales’ (OPG) registration process. This review was prompted, in part, by concerns raised by both the OPG and the Court of Protection (COP) about firms’ capacity to handle the writing and management of LPAs and deputyship roles.
Factors such as longer lifespans, an ageing population, the impact of COVID-19, and increased information and support regarding LPAs and deputyships have led to a surge in demand for these services, according to the SRA. Consequently, an investigation was initiated to assess the capability of firms providing such services to cope with the rising numbers of LPAs and deputyships.
In 2022, the SRA randomly selected 30 firms to complete a questionnaire on their LPA and deputyship work, followed by site visits and interviews with team members. The SRA report acknowledges the efforts observed but recognizes that the pressure and workloads are unlikely to decrease. It advises firms to strategize on how to manage the growing demand, especially considering the challenges in recruiting for this area.
While generally satisfied with the quality of service provided by firms, the SRA identified areas where firms could enhance clients’ ability to make informed decisions about costs and services. The SRA also encourages firms to improve transparency in displaying information about costs and services.
The review notes that some firms are exploring the use of corporate bodies as professional attorneys, seeing it as a way to mitigate issues related to attorneys’ incapacity or unwillingness to act. The SRA suggests that this approach offers the security of a named corporate attorney while allowing flexibility for associated individuals to change.
Safeguarding clients is highlighted as a crucial concern, given that LPAs and deputyships present opportunities for financial abuse and theft. While broadly reassured by firms’ practical approaches to prevent abuse, the SRA believes more could be done to document safeguarding activities. The report mentions that fee-earners maintain good training records, with some benefitting from additional accreditations and support from organizations like STEP. While not mandatory, the SRA found that fee-earners who were members of STEP were more likely to have received excellent training.
Holly Mieville-Hawkins TEP, Deputy Chair of STEP’s Mental Capacity Special Interest Group, expressed satisfaction that the SRA is taking the legal profession’s role in advising older and vulnerable clients seriously. She noted that the SRA recognizes the thorough and thoughtful service provided in this area and acknowledged the specialized training STEP members receive. She also mentioned ongoing research by STEP’s Mental Capacity Special Interest Group on how LPAs are viewed from an international, cross-border perspective.
SOURCE
https://www.sra.org.uk/sra/research-publications/lasting-powers-of-attorney-deputyships-review/>https://www.sra.org.uk/sra/