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Aipedia: Chartered legal executives
AI can draft lasting powers of attorney, deputyship applications and best-interests reports, but it cannot assess capacity or detect pressure on a vulnerable client. Errors here can leave an application rejected or an incapacitated person unprotected.
Part of: AI in Chartered legal executives
In short
CILEX practitioners in private client and Court of Protection work use AI to draft LPAs, deputyship applications and supporting statements, and to summarise care and medical records for best-interests reports. The CILEx Code applies: outcome 1.2 for applications to the court, 5.1 to 5.4 for competence, 5.12 for confidentiality of health data and 8.2 to 8.4 for supervision. AI cannot assess capacity, which remains a human professional judgement. Rejected or defective applications cause delay, cost and sometimes financial harm, and resulting client or family claims are usually handled under PI subject to the policy terms.
Practitioners use document automation and generative AI to prepare lasting powers of attorney from instruction notes, draft deputyship applications and witness statements, and summarise medical, care and financial records into best-interests or deputy reports. AI note-takers may record meetings with clients and families.
CRL's position on AI is that the lawyer remains the decision-maker. Under the CILEx Code of Conduct:
Whether a person has capacity to make an LPA, and whether they are acting freely, are judgements made by people who meet the client, ask the right questions and observe. An AI tool can tidy notes and fill forms but it cannot see hesitation, notice a relative answering for the client, or weigh medical evidence against what the client says. Practitioners should not let a smooth AI workflow shorten the time spent with the client. Will writers face similar issues; see AI and lasting powers of attorney.
Clients making LPAs or the subject of deputyship applications are often elderly, unwell or dependent on others. Family members may contact the firm, supply information and push for particular attorneys or deputies. An AI intake form or chatbot that accepts instructions from whoever completes it cannot tell whether the client agrees. Practitioners should confirm instructions directly with the client, be alert to signs of undue influence, and record why they were satisfied. Where AI note-takers record meetings, families and clients should know and agree, and the recording should be held securely. Communications should be clear and accurate under outcome 5.8, using plain language the client can follow.
AI-generated LPAs can contain inconsistent attorney appointments, instructions that cannot be operated, or errors in names and dates that lead to rejection at registration. A deputyship application built from an AI summary may omit relevant assets or misdescribe the person's needs.
Illustrative: an AI tool drafts an LPA for property and financial affairs from a junior's meeting notes. It adds a restriction the client did not ask for, which makes the power unworkable. By the time this is discovered the client has lost capacity, a new LPA cannot be made, and the family must apply for deputyship at extra cost and delay.
Claims from clients, attorneys or the person's estate for the extra cost of a deputyship, or for losses during a delay, would usually be considered as professional negligence claims under the policy, subject to its terms. The CILEX £2m minimum applies regardless of wording for CRL-authorised entities. Practitioners should notify circumstances early once an error is spotted. A data incident involving health information may also involve cyber cover; see data breach cover within PI.
Apex arranges PI for CILEX private client and Court of Protection practitioners, and a broker can review how your policy treats AI-assisted drafting for vulnerable clients. See the AI for CILEX lawyers hub, AI in probate and estate administration and does CILEX PI cover AI mistakes?.
No. Capacity is a professional judgement made by someone who meets and questions the client. AI may help organise notes and evidence, but the assessment and the record of it must be yours.
Yes, as a drafting aid, but the application goes to the Court of Protection and outcome 1.2 applies. Check every fact, asset and statement against the evidence and with the applicant before it is signed and filed.
Usually the client, and potentially attorneys or the estate if they suffer loss, such as the cost of a deputyship application. These are commonly handled as professional negligence claims under the PI policy, subject to its terms.
A chatbot can gather background information, but instructions should be confirmed directly with the client. AI cannot tell whether a family member is completing the form or whether the client understands and agrees, which are central to valid instructions.
Tell us about your firm and the work you do. A broker will review how your current PI treats AI-assisted work, or arrange new cover. No fee for a quote. Or call 0117 325 0027.
Start a PI quote Request a callbackApex Insurance Brokers Limited is authorised and regulated by the Financial Conduct Authority. Registered in England and Wales, company number 07014570. This page is general information about how AI is used in the profession and how insurance may respond. It is not legal, regulatory or insurance advice on your circumstances, and it does not guarantee that cover will be available or on what terms.
