Families face five-month delay for Power of Attorney documents

Families face a five-month delay in obtaining essential documents required for the power of attorney

Families wait more than five months for essential documents needed to take care of loved ones.

Lasting Power of Attorney gives applicants the right to take over a vulnerable person’s finances and property if they can no longer manage it.

But a growing backlog dating back to the pandemic means retirees fear losing capacity before their loved ones get these important rights.

Families are now being told to wait up to 20 weeks – more than double the normal waiting time.

The Office of the Public Guardian generally aims to process forms within eight to ten weeks.

Lifeline: Lasting power of attorney gives applicants the right to take over a vulnerable person’s finances and property if they can no longer manage it

However, an increasing number of family members find themselves having to secure these rights.

More than 88,600 requests are logged each month – 67 percent more than during the pandemic. When asked, the Office of the Public Guardian declined to disclose how long it currently takes to process the average application.

Sheree Green, a lawyer at the Greenchurch law firm, criticized it for creating unnecessary strife for families.

She says, “The waiting time is very long and there is a lot of hardship when people wait.

“I’ve seen cases where the person died before the claim was processed. In other cases, there are care home fees or debts that need to be paid, but their loved ones don’t have access to their money to cover the costs.”

Caroline Abrahams, from the Age UK charity, is urging the government to take action now to reduce waiting times.

She says, “Twenty weeks is a long wait and the backlog seems to date back to the pandemic.”

The delays come after the pandemic slowed down the adoption system, leaving thousands of families without the legal protections they need if a loved one becomes ill or disabled.

A bill to modernize the application process is currently being considered by parliament and aims to allow claimants to register their details online, which the department says will speed up the process.

However, it may be some time before the bill becomes law.

In the meantime, families can contact the OPG if their claim is urgent or substitute with the Court of Attorney, which gives applicants the right to make some of the same decisions as a power of attorney.

A spokesperson for the OPG said: “As a result of the additional staff we have hired to meet the unprecedented demand for LPAs, we are now registering 18,000 more each month than before the pandemic.”

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