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