Reforming the Law and Procedures in relation to the Lasting Powers of Attorney (LPA) System

Lead Research Organisation: University of Leicester
Department Name: Law

Abstract

The Lasting Power of Attorney (LPA) scheme provides an important framework to enable substitute decision making for an adult that loses capacity and can be crucial in the management of future care and finances. The scheme offers individuals the reassurance that their interests, views and decisions will be protected in the event that they lose capacity. This project seeks to assess why the LPA system is underused by certain communities, particularly BAME (Black and Minority Ethnic) and SED (Socially and Economically Disadvantaged) groups. The main aim of the project will be to identify whether there are any barriers preventing these communities from making use of the scheme and what measures can be taken in order to improve access to the scheme. The timeliness of the project is of high relevance as the Office of the Public Guardian (OPG) and the Ministry of Justice are actively seeking to reform and modernise the law in this area and there is potential for the findings of this project to be incorporated into the reform process.

The project will span over four years, initially offering the opportunity to conduct a literature review to examine current publications within the field as well as the opportunity to fill gaps in the literature through publication. Subsequently, the project will become more publicly engaging in order to obtain empirical data using a qualitative approach. There is also an integrated placement opportunity with the OPG to allow for access to data as well as for the development of skills and professional experience. In an effort to highlight the existing barriers to the use of the scheme, it is fitting that this project provides the necessary support for the organisation of local and national engagement projects which will also assist in promulgating research.

Publications

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