Wednesday, November 12th, 2008
The Government has announced plans to make it easier and cheaper to register Lasting Powers of Attorney (LPA).
It’s hoped the move will encourage more people to prepare for a time when they may be unable to make important decisions for themselves about their finances and about their health and welfare.
The proposals have been put forward as part of a review of how well the Mental Capacity Act 2005 is working. The Act came into force in October last year and introduced LPAs as a replacement for the previous system involving Enduring Powers of Attorney.
The new LPAs proved even more popular than expected. The Office of the Public Guardian (OPG), which administers the registration process, says that three times as many people applied to register powers of attorney over the last 12 months as in previous years.
The sudden surge in demand has led to delays which the OPG has been trying to address.
The OPG is to carry out a wide ranging review of the Act but will concentrate at first on powers of attorney. It is now conducting a consultation process on a number of proposals including reducing the registration fee from £150 to £120.
There are also plans to redesign the form and guidance notes to make them clearer and “introduce a new level of supervision of court-appointed deputies to give short-term support and scrutiny where needed”.
The Justice Minister, Bridget Prentice, said: “The Mental Capacity Act is an important piece of legislation that enables people to plan for the future, and helps protect the most vulnerable people in society. This welcome review will ensure the law continues to deliver what people need.”
LPAs offer a wide range of options to people who want to prepare for a time when they may lose some of their mental capacity.
The property and finance LPA allows you to appoint someone to look after your financial affairs if you become incapable of doing so yourself. The personal welfare LPA lets you grant an attorney authority over such matters as health care and the kind of treatment you receive.
The Office of the Public Guardian needs to register LPAs before they can be used. Registration is followed by a 42-day statutory waiting period to allow people to raise objections to the registration. This waiting period is one of the safeguards built into the process to ensure that the LPA has been drawn up properly and is not fraudulent.
The consultation period will end on 15th January next year and some of the changes will be introduced from the following April.
Please contact Maria Turner if you would like more information about Lasting Powers of Attorney.
© Copyright 2008 Burt Brill and Cardens Solicitors