Moved by
Baroness Finlay of Llandaff
213D: After Clause 69, insert the following new Clause—
“Creation of a digital system for lasting power of attorney
(1) The Secretary of State must by regulations make provision for a fully digital process to apply for and create a lasting power of attorney, and for the verification by appropriate bodies of attorneys appointed under this process.
(2) Regulations under subsection (1) may in particular—
(a) provide for the use of secure electronic signatures in place of any requirements for physical signatures;
(b) use electronic online methods to verify the identify of donors and proposed attorneys, either in conjunction with or in place of electronic or physical signatures;
(c) require at least one other person to be notified automatically when an application is made;
(d) permit in-depth checking of selected applications;
(e) require the involvement of a solicitor in the application process;
(f) create an offence of knowingly or recklessly providing false information in relation to an application for a lasting power of attorney, subject to a maximum penalty on summary conviction of a term of imprisonment not exceeding six months;
(g) provide for appropriate bodies to use secure online methods to verify the identity of an attorney or donor; and
(h) cover both health and welfare lasting power of attorney, and property and financial affairs lasting power of attorney.
(3) Regulations under this section must be made by statutory instrument and may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”