Don't get your loved ones locked out of your financial affairs: Co-op Legal Services launches all new digital Lasting Power of Attorney service as it urges adults not to overlook their vital importance

06 July 2022

LPA registrations fell by 26.5% in lockdown as paper based methods became more difficult to fulfil
New more affordable digital LPA product costs from just £120
Co-op Legal Services is urging adults in England & Wales to protect themselves by putting an LPA in place and says it is just as important as drawing up a will
Without having an LPA, if the homeowner loses capacity, their property cannot be refinanced, sold or insured until someone is appointed by the court to do it – which can take up to 6 months
Without an appropriate LPA in place, access to and management of financial assets could be significantly restricted and cause hardship to family members

Co-op Legal Services, the UK’s largest regulated provider of wills, estate planning and probate services has launched an innovative new digital lasting power of attorney (LPA) service meaning that users can secure this important legal documentation quickly and efficiently online and the donor can also include detailed guidance for their attorney on a range of issues which gives more protection to both the donor and attorney(s).

With a low fixed-fee price from just £120, it is a welcome and much needed innovation in the current cost of living crisis.

The new launch comes as figures from the Ministry of Justice* show that there was a worrying 26.5% fall in the amount of LPAs registered between 6 April 2020 and 5 April 2021, as lockdown rendered it harder for paper-based processes to be adhered to.

This means that thousands of people could potentially risk their loved ones being completely locked out of their financial and healthcare affairs indefinitely should they lose mental capacity – something that can happen to anyone, at any age.

The legal services provider is urging adults of all ages to put in place a Lasting Power of Attorney to protect themselves and to hold the importance of LPAs in the same regard as making a will.

For those who do lose capacity and don’t have LPA in place, loved ones have to apply to the court for a deputyship order to gain access to financial accounts which can take as long as six months to obtain and can be a very expensive process.

Figures from the Office of the Public Guardian show that as of 31 March 2021 it was supervising 57,777** deputyship orders, meaning there were almost 60,000 people who either didn’t realise that they could get LPA or did not think they’d need one, but did.

Whilst the Office of the Public Guardian does offer an LPA service, Co-op Legal Services digital product is for people who want legal support providing guidance to their attorneys on important decisions to be made on their behalf. Many people prefer to instruct professionals when making an LPA to ensure they’ve properly considered what instructions to give their attorney(s) on a number of important financial and health matters.

Importantly for people who have investments, a digital LPA from Co-op Legal Services includes guidance for their attorney in respect of funds to be held under discretionary management. It is an often-overlooked point that, if a person loses mental capacity, best practice is to ensure their attorneys are to allow this type of investment arrangement to continue through express authority given in the LPA.

Therefore, financial advisers should be checking whether those with an LPA already in place, have the necessary authority drafted in it. In an inflationary environment, ensuring that an attorney has scope to take financial advice is vital as costs of care rise, currency fluctuates and markets are increasingly volatile. Co-op Legal Services also points out that attorneys prefer an indication of the donor’s thinking in an LPA and feel more comfortable with explicit guidance.

The digital LPA from Co-op Legal Services is tailored to the needs of the individual via a simple, easy-to-follow digital journey accessible 24 hours a day. The legal documentation can be put in place in a matter of days, without the need to visit a solicitor’s office. The service also includes an identification and capacity assessment which is important in the event of a future challenge.

Caoilionn Hurley, managing director, Co-op Legal Services, said: “Unfortunately many people don’t see just how important it is to put a Lasting Power of Attorney in place and think that only people of a certain age lose their mental capacity. The pandemic has shown us how many normally fit and healthy people have been put into a coma or temporarily lost capacity which has placed enormous strain on their loved ones who may have been totally shut out of their financial affairs.

“It is incredibly distressing for family members, not to mention costly, when they may be trying to carry out the wishes of their loved one only to be told that legally they have no authority to do so.

“Traditionally, obtaining an LPA can be a lengthy and expensive process, but we’re committed to helping people access the benefits of legal services by making it as straight forward and affordable as possible. We have designed our new digital LPA service to be quick and efficient whilst ensuring that our clients have a thorough understanding of the implications of their LPA”.

Co-op Legal Services digital LPA service can be found here.

ENDS

For more information please contact Aimi.mcneill@coop.co.uk

Source Canada Life: During 2020-21, the total number of LPA registrations totalled just over 635,000 which was split between 282,883 health and welfare and 353,745 property and finance LPAs. But in the same 2019-20 period the total number of LPA registrations stood at a record high of 866,272, split between 382,130 health and welfare and 484,142 property and financial registrations. *Source Office of the Public Guardian annual report 2020-2021

About Co-op Legal Services We make will writing easy and offer fixed cost fee pricing, including free, secure will storage for life. As part of the Co-op Group, our values of openness, honesty, social responsibility and caring for others are core to the service we provide. Co-op Legal Services is part of the Co-op Group which employs approximately 70,000 people and is the UK’s largest mutual business, owned by millions of UK consumers. The Co-op Group was established in 1844 and today, as well as having clear financial and operational objectives, it is a recognised leader for its social goals and community-led programmes.