Concerned families are forced to wait up to three and a half years for essential documents they need to take care of their loved ones.
Bursting figures obtained by Money Mail on the basis of a Freedom of Information (FOI) request reveal a huge backlog of power of attorney applications.
Tens of thousands of families are trapped in the impasse, with some waiting so long that applicants die in the meantime.
Lasting Power of Attorney (LPA) is a legal document that allows you to designate a trusted friend or family member to make decisions on your behalf about your finances, property, and health.
Long waiting times: Tens of thousands of families waiting for essential documents are stuck in a government blockade, and some wait so long that applicants die in the meantime
Having one is invaluable if you lose the ability to manage your own affairs and need help from someone you know and trust. Without it, families are left in limbo, unable to make critical financial and health decisions on behalf of loved ones.
You can apply for an LPA by completing a form and submitting it to the Office of the Public Guardian (OPG), the organization responsible for processing and approving applications.
However, evidence seen by Money Mail suggests that the system is in chaos. Today we reveal that:
- The average waiting time has risen to 91 days, according to official figures from the FOI request.
- One family waited a whopping 983 business days — that’s almost four years — for their application to be granted, the FOI revealed.
- A Money Mail reader’s LPA application was lost by the OPG, meaning it has still not been approved more than a year after the application.
- Another reader says her husband’s application took so long that he died while they waited for it to be processed.
- A bill is before parliament to urgently reform the LPA system and make applications faster and easier. But unless passed quickly by the House of Lords, it could take months to pass.
Endless waiting
Due to the long wait, thousands of families fear that their loved one will lose capacity or even die before their application is approved.
Ian Dalling, 79, and his wife Sheila, 78, breathed a sigh of relief when the LPA applications they had submitted in February last year were finally approved in December.
But then earlier this year they received a letter from the OPG stating that Ian’s LPAs had not been registered after all because the OPG had lost the original forms.
The couple from Gosport, Hampshire, have now been waiting 15 months since filing applications to allow each other and their two children to manage their affairs.
Slow progress: Sheila and Ian Dalling have been waiting for their LPA for 15 months. They want to give each other and their two children permission to run their affairs
“The OPG is a mess,” says Ian, a retired management consultant. “The situation is getting worse.
Every time I call I speak to a different member of staff. The system at the OPG is broken and there seems to be no insight into where documents are and whether they have been processed.’
Insiders say that the OPG receives about 4,000 applications per day, which are scanned by hand.
This corresponds to approximately 80,000 sheets of paper. However, the OPG struggles with the enormous amount of paperwork, resulting in essential documents being lost or lost forever.
Waiting times are increasing because the number of applications submitted has risen enormously in recent months.
A growing number of families are realizing the benefits of having LPAs, following successful awareness campaigns.
Young love: Sheila and Ian Dalling pictured shortly after their 1966 engagement
The pandemic forced people to rethink their plans in case they become unwell in the future, which also affected the surge in LPA applications. More than 88,600 requests are logged each month – more than 60 percent more than during the pandemic.
The OPG says its 1,077 employees are working overtime to clear the backlog and has hired 103 full-time employees since last June.
Janis Ward, 75, has been waiting eight weeks for her two LPA applications to be approved.
Janis filed in February to give her adult children, Cora and Simon, the right to manage her affairs if she is no longer able to do so herself. However, the retired operator from Swanley, Kent, has just received a letter from her lawyer telling her to wait 16 weeks.
“The wait is regrettable,” says Janis. “The delays are very frustrating and the whole thing is a complete mess.”
Sheree Green, former chair of the Law Society Mental Health and Disability Committee, says: ‘If a person has lost capacity while applying for a power of attorney then you can apply to the Court of Protection, but this is a relatively complex procedure, and is not a solution if the person still has capacity.’
Causes suffering
The Society of Trust and Estate Practitioners says the backlog has increased the uncertainty and fear that LPAs are supposed to reduce.
A spokesman for the association says: ‘The delays cause a lot of suffering to the families involved, especially if someone experiences a mental breakdown during the processing of their LPA.’
Sue Martin, whose name has been changed, applied for two LPAs in February for her husband Phil to manage his affairs should he become unable to do so.
A few weeks later, Sue was told her husband was terminally ill and had only four weeks to live.
Sue contacted the OPG to cancel the applications and was told that the checks worth £164 would be returned – but three days later both checks were cashed.
“When I called, there were 40 people in line ahead of me,” she says.
“After an hour and 15 minutes on the phone, I was told that a refund could only be made by mail and check. My husband passed away, the funeral had to be paid for and the refund has still not come in.’
Reform freeze
A bill to modernize and simplify the LPA application process has passed the House of Commons unopposed and awaits approval by the Lords.
However, despite overwhelming support for the bill, it could take months to pass.
Delays: A bill to modernize and simplify the LPA application process has passed unopposed by the House of Commons and awaits approval by the House of Lords
A second reading of the bill has not yet been scheduled and there are limited opportunities before Parliament retires from its summer recess.
The proposals would allow claimants to complete all parts of the application digitally, speeding up the process.
Those who cannot complete the application process online can still submit their forms on paper.
Stephen Metcalfe, Conservative MP for South Basildon and East Thurrock, who is sponsoring the bill, says: ‘The Lasting Power of Attorney is a very important document and many people cannot afford to wait 91 days before giving a loved one custody of their lives. can give. Affairs. Many people apply for an LPA when they need it and need it quickly.
“The system needs to be reformed, which is why my bill is so important.”
How to apply
There are two types of powers of attorney: one covers property and financial matters; another health and wellness issue. Each application costs £82, but those on means tested benefits don’t have to pay.
LPA applications can be submitted online or using paper forms, but all requests must be attended to and signed on paper.
Lawyers, witnesses, and certificate issuers all must sign the same original paper document and cannot sign copies online or use digital signatures.
These papers must then be sent to the OPG office in Birmingham where they will be scanned and sent for processing.
You don’t need to use a lawyer to prepare an LPA, but getting professional advice can help avoid problems in the future.
Prices usually range between £100 and £500.
Avoid delays
Some of the longest delays experienced by LPA applicants are due to mistakes they made on the forms. Follow these steps to make sure you don’t make the most common mistakes:
- Check the order of signatures. All LPA applications must be signed in a specific order. The donor (the person submitting the application) signs first, followed by the witnesses, and then the certification provider (an independent authority, usually a lawyer). Lawyers then sign and lastly the witness signs the lawyers’ signatures.
- Use a black pen. All LPA papers are scanned to an online system and black ink is better recognized by the scanners than blue, so information is transferred more efficiently.
- Do not use correction fluid. If you make a mistake before signing your LPA, tick the mistake and write a correction next to it. You must sign and date the correction to accept it.
- Do not fail or bind your forms. All application pages are scanned individually. Bindings and staples can damage the document when removed, which could result in your application being rejected.
A spokesperson for the Justice Department, which oversees the OPG, said: “We know delays are frustrating and apologize for any inconvenience caused.”
a.cooke@dailymail.co.uk
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