Ministry of Justice
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Public Guardian starts work on protecting vulnerable people
A new organisation looking after the interests of some of the most vulnerable people in society starts work on Monday 1 October.
The Office of the Public Guardian (OPG), introduced under the Mental Capacity Act 2005, will provide legal protection for thousands of people lacking the mental capacity to make decisions themselves.
Under the final clauses of the Act, which come into force on Monday, there will also be a new Court of Protection with a wider jurisdiction than the old court, and a new Lasting Power of Attorney replacing existing Enduring Powers of Attorney.
Welcoming the OPG, justice minister Bridget Prentice said:
"The Office of the Public Guardian brings legal certainty to some of the most vulnerable people in society. It will monitor the actions of people looking after the affairs of people who lack capacity and ensure that decisions made for them are in their best interests.
"The Court of Protection will deal with all issues relating to people who lack capacity to make specific decisions. It will have specially trained judges to deal with decisions relating to personal welfare, as well as property and financial affairs.
"Issues around mental capacity will touch most of our lives at some stage. It is only right that there are safeguards in place to ensure that where care is needed, it is given in the best interests of the person being cared for. It is also important that both carers and those cared for know what is expected of them."
Also coming into force on Monday are Lasting powers of Attorney (LPAs), replacing Enduring Powers of Attorney. LPAs will give vulnerable people greater choice and control over their future and enable people to choose someone they trust to look after their affairs should the need arise.
Bridget Prentice said:
"The new LPAs cover personal welfare as well as finance and property decisions and introduce rigorous safeguards to address some of the shortcomings of EPAs. As they can only be used after they have been registered with the Public Guardian, they will be under more scrutiny and ensure that any decisions made on behalf of people lacking capacity are in their best interests."
Richard Brook, the first Public Guardian said:
"On Monday, the Office of the Public Guardian is launched. This is a significant step forward in terms of safeguarding the interests of people who may lack mental capacity to make decisions for themselves, now or in the future. I am delighted to be the first Public Guardian and chief executive of this new agency.
"I look forward to leading it through the challenges that lie ahead and to working with colleagues to deliver high quality services to some of the most vulnerable people in our society."
Neil Hunt, chief executive of the Alzheimer's Society said:
"These changes offer people better choice and control over their lives and more protection by law. This is a huge step forward and a pivotal moment in recognising the rights of people with dementia.
"Everyone should have plans for the future and we hope thousands of families and loved ones will use the changes as motivation to start planning ahead."
Notes to editors
1. The Mental Capacity Act received Royal Assent on 7 April 2005. It applies in England and Wales. Some parts of the Act came into force in April 2007 with the rest coming into force on 1 October 2007, this includes including the new Court of Protection, the Office of the Public Guardian,Lasting Powers of Attorney and the IMCA service in Wales.
2. The Office of the Public Guardian is an executive agency of the Ministry of Justice. Its role is to support the Public Guardian in his duties by:
* keeping registers of deputies, LPAs and EPAs.
* supervising deputies appointed by the Court of Protection
* investigating complaints about deputies and LPA & EPA Attorneys
The OPG is also responsible for promoting, awareness and information about the Mental Capacity Act and mental capacity issues
3. More detailed information on the Mental Capacity Act and the services and provisions it creates are available from the Office of the Public Guardian by going to http://www.publicguardian.gov.uk
4. The Office of the Public Guardian (OPG) has commissioned new research which examines people's understanding of mental capacity issues and shows public attitude towards planning ahead in advance of the Mental Capacity Act. For more information on the research findings, please contact Alice Lythgoe-Goldstein on 020 7700 6952.
5. Please note that the changes to powers of attorney under the Mental Capacity Act 2005 will not affect the terms of the Adults with Incapacity (Scotland) Act 2000. This means that continuing or welfare powers or attorney registered or to be registered with the Public Guardian in Scotland will not be affected by the changes implemented in England and Wales on 1 October 2007.
If you would like further information on the power of attorney system in Scotland, please contact the Office of the Public Guardian (Scotland) Tel: 01324 678300 e-mail: opg@scotcourts.gov.uk Website: http://www.publicguardian-scotland.gov.uk
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