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Government response on fees for court of protection and public guardian published

DEPARTMENT FOR CONSTITUTIONAL AFFAIRS News Release (045/07) issued by The Government News Network on 30 April 2007

Government response to the public's views on proposed fees for the new Court of Protection and the Office of the Public Guardian was published today.

There were 65 responses to the consultation paper, Court of Protection and Office of the Public Guardian Fees. The response sets out the fees proposed for a range of improved services and safeguards, including £150 for registering the new key measure of a Lasting Power of Attorney.

Other fees include charges for registering an Enduring Power of Attorney, making an application to the court and for an oral hearing by the court, and for the setting up and supervision of court-appointed deputies.

The consultation showed wide support for proposed exemptions for people who would suffer financial hardship if they had to pay the fees.

Constitutional Affairs minister Cathy Ashton said:

"Today's announcement is a step closer to full implementation of the Mental Capacity Act. The new fees structures will make it easier for people to plan ahead for the start of the Court of Protection and the Office of the Public Guardian.

"The fees structures provide clarity and support the new services and safeguards we have put in place to protect people who lack mental capacity, to ensure that there are checks and balances at all times.

"I am grateful to the people who responded to the consultation."

The fees structures will now go before Parliament in the summer and will come into effect on October 1 together with the Court of Protection and the Office of the Public Guardian.

The Mental Capacity Act 2005 provides a statutory framework for people who lack the mental capacity to make their own decisions.

Notes to Editors

1. The consultation Court of Protection and the Office of the Public Guardian Fees closed on 29 November 2006.

2. The Government response document Court of Protection and Office of the Public Guardian Fees available on http://www.dca.gov.uk/consult/court-protection-rules/cp2306.htm

3. The Mental Capacity Act received Royal Assent on 7 April 2005. Some parts of the Act came into effect in April 2007 with the rest commencing in October 2007.

4. Parts of the Act that came in to effect in April 2007 include the new criminal offence of ill-treatment or wilful neglect of people lacking mental capacity, and the Independent Mental Capacity Advocate Service in England (IMCAs).

5. Other parts of the Act including the Court of Protection, the Office of the Public Guardian, Lasting Powers of Attorney and the IMCA service for Wales will come into effect in October 2007.

ENDS