Business and commercial LPAs
Produced in partnership with Craig Ward MSc BA(Hons) MBPsS CertCouns of Craybeck Law

The following Private Client practice note produced in partnership with Craig Ward MSc BA(Hons) MBPsS CertCouns of Craybeck Law provides comprehensive and up to date legal information covering:

  • Business and commercial LPAs
  • Why make a separate business LPA?
  • Business LPAs and valid receipt for sale of a business interest
  • Types of business clients
  • Sole traders
  • Partners (general partnerships and limited partnerships)
  • Partners (limited liability partnerships)
  • Company directors
  • Creating a business LPA
  • Mental capacity of the donor
  • More...

Business and commercial LPAs

FORTHCOMING CHANGE: The government has published its response to the Ministry of Justice (MoJ) and the Office of the Public Guardian (OPG)’s consultation, Modernising Lasting Powers of Attorney, which closed in October 2021. The government has confirmed that they intend to introduce a fully digital LPA service, as well as retaining the current paper-based processes. They will investigate the possibility of technology replacing witnesses and could combine the role of certificate provider and witness. Identification checks will be introduced as a safeguarding measure against coercion or fraud. The government also wants to create a clearer process for objections to the registration of an LPA. Amendments to the Mental Capacity Act 2005 and the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007, SI 2007/1253, will be required to implement these changes. For further guidance on the government’s response, see News Analysis: Safer, simpler and fit for the future—government’s response to modernising LPA.

Whilst digitising signatures on an LPA may sound promising it is currently still in its early stages. For example, wide ranging changes would be required to legislation to enable individual registry systems to accept electronic signature across England and Wales. There also remain difficulties with the authentication process for electronic signatures. Another hurdle is the question of whether electronic signers and witnesses need to be within

Related documents:

Popular documents