MINISTRY OF JUSTICE
News Release (032/09) issued by COI News Distribution Service. 11
Lasting Powers of
Attorney (LPA) forms will be overhauled to make them simpler to
complete and cheaper to register, the Public Guardian Martin John
The overhaul follows a public consultation on key aspects of the
implementation of the Mental Capacity Act 2005. Changes will see
the forms incorporate previously separate guidance, more use of
plain language and the cost of registration coming down to £120
from the current £150.
Justice Minister Bridget Prentice said:
"Helping people plan for an uncertain future when they may
lack the mental capacity to make decisions for themselves is very
important. Consulting the public has helped us to know where we
can to improve services to make it easier for them to make these plans."
LPAs enable people who are concerned for their mental capacity,
or those who want to plan for such a time, to choose a person to
look after their personal and financial affairs.
Also, following the consultation:
* A new level of supervision of court appointed deputies will be
introduced from 1 April 2009. This will give short-term
intervention where needed, especially for lay deputies and when it
is not always clear at first what level of supervision is needed.
* There will be no increase in fees for the Court of Protection.
* The cost to register an LPA from 1 April 2009 will be £120.
The Public Guardian, Martin John, said:
"We have listened to people's concerns about the length
and complexity of the forms and we have responded. For example, we
have reduced the risk of errors through improved design and have
included guidance to make completion simpler.
Reducing the LPA registration fee demonstrates our commitment to
provide a cost effective service and to encourage take up of such
an important safeguard.
"We aim to deliver a service that is easy to understand and
use, and improving the forms is a key step in that direction. We
will continue to involve the public as we seek to further improve
our services to them.".
Notes to Editors
1. The response document Reviewing the Mental Capacity Act 2005:
Forms, Supervision and Fees can be found at http://www.justice.gov.uk/publications/consultations-with-response.htm
2. The consultation can be found on http://www.justice.gov.uk/publications/reviewing-mental-capacity-act.htm
3. The forms have been redesigned with help from Solicitors For
4. The review will continue to look at other areas of how well
the Mental Capacity Act 2005 is working over the coming months.
Further details will be outlined on the OPG's website http://www.publicguardian.gov.uk
and through customer and stakeholder newsletters issued by the OPG.
5. The OPG registers enduring and lasting powers of attorney,
supervises deputies appointed by the Court of Protection and
investigates any concerns raised with it in relation to deputies
or registered enduring or lasting powers of attorney.
6. Deputies are appointed by the Court of Protection to make
decisions for people when they lack capacity when the Court
decides it is in the best interest of the person that a deputy is appointed.
7. Registering an LPA currently costs £150 per form.
8. EPAs which are the precursor to LPAs cost £120 to register.
9. For more information about the Mental Capacity Act 2005,
please visit http://www.publicguardian.co.uk.
10. For more information and interview requests, please contact
the Ministry of Justice News Desk on 020 33 34 35 36.