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Simpler forms allowing you to choose someone now that you trust to make decisions on your behalf in the future if you lose your mental capacity have been presented to Parliament.

The redesigned 'Lasting Power of Attorney (LPA)' forms give the person you choose (the attorney) the power to make decisions about your (the donor's) property or personal affairs if you have an accident or illness that stops you being able to make decisions for yourself - for example a brain injury, or a degenerative disease.

There are two new proposed forms, one for Property and Financial Affairs and the other for Health and Welfare. The forms are shorter, simplified versions of longer forms already in existence since October 2007.  When registered with the Office of the Public Guardian along with a fee of £120 for each form, the LPA gives the donor the peace of mind that it will be a person they trust who will look after their affairs if needed.

Justice Minister Bridget Prentice, who is responsible to Parliament for the Office for the Public Guardian, said:

'An accident or illness that robs you of your ability to make decisions is traumatic enough without having legal worries to contend with too. This is a straightforward solution, now all the more simpler, that makes sure the legal system protects and helps people rather than hindering them, exactly as it should do.'

Martin John, Public Guardian and Chief Executive said:

'Users told us that the existing forms were too long and too easy to get wrong. We have listened and have delivered a step-change in design. We have worked with customers, with staff and with the legal profession to re-think the forms without compromising the important safeguards the LPA maintains.'

The forms have been redesigned with help from Solicitors for the Elderly, Society of Trust and Estates Practitioners and the Law Society. Usability tests were also carried out with the assistance of customers who had experience of completing the current forms and members of the public who had not.

Once the redesigned simplified forms have been considered by Parliament, the Office for the Public Guardian aims to make them downloadable from their website, and available in hardcopy, from 1 October this year.

The redesigned forms are a culmination of a consultation process which has taken place over the past year and is described in the Office of the Public Guardian’s Annual Report and Accounts which were also presented to Parliament today.

Notes to editors

1. A public consultation was published in October 2008 which sought views on the revised LPA forms, a new supervision level and changes to fees for the Office of the Public Guardian and the Court of Protection. A summary of the responses was published in March 2009. Both documents are available from this link: http://www.justice.gov.uk/consultations/reviewing-mental-capacity-act.htm
2. To read the Office of the Public Guardian's Annual Report and Accounts, and for more information about their work, please visit http://www.publicguardian.gov.uk.
3. For more information and interview requests, please contact the Ministry of Justice News Desk on 020 33 34 35 36.
4. Solicitors for the Elderly (SFE) is a national organisation of lawyers, such as solicitors, barristers, and legal executives who are committed to providing and promoting robust, comprehensive and independent legal advice for older and vulnerable adults, their family and carers. All their members within England and Wales advise on and draft lasting powers of attorney. For more information about Solicitors for the Elderly please contact them on 0844 8009710 or email cbielanska@gmail.com
5. The Society of Trust and Estate Practitioners (STEP) is the worldwide professional body for practitioners in the fields of trusts and estates, executorship, administration and related issues. STEP internationally has over 14,000 members, with almost 6,000 members in the UK. Over 4,000 students worldwide are currently studying for STEP qualifications and in the UK STEP supports an extensive regional network providing training and professional development. More information can be found at www.step.org or email step@step.org.
6. The Law Society Wills & Equity Committee is part of the Law Society which represents solicitors in England and Wales. From negotiating with and lobbying the profession's regulators, Government and others, to offering training and advice, the Law Society is there to help, protect and promote solicitors across England and Wales. For more information about the Law Society please contact the Law Society Press Office on 020 7316 5624.