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Lasting Powers of Attorney and Coronavirus

Date:14 JAN 2021
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Solicitor

Putting in place LPAs whilst living under the lockdown measures which are currently in place is difficult. It is still possible but the government guidance on social distancing and self-isolation must be followed.

Here are the key difficulties which may arise under the current circumstances:

  1. You must not use digital signatures when signing LPAs.
  2. All parties to LPAs must sign the same original document.
  3. All signatures must be witnessed in person.
  4. Regardless of Coronavirus LPAs must be signed in the correct order.
  5. The LPA Certificate Provider must to talk to you about the LPAs to ensure that you understand them and to ensure that you are not being pressurised to make them. It is strongly recommended that this conversation happens in person. Under current circumstances this may instead be carried out over the phone or video call but the Certificate Provider should make sure that the call is private (this could be difficult to ensure).
  6. The Office of the Public Guardian (who are responsible for registering LPAs) are currently experiencing delays in doing so. LPAs must be registered before they can be used.

If the current restrictions make...

Read the full article here.