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Family Law

The leading authority on all aspects of family law

23 OCT 2008

Public Guardian begins review of impact of Mental Capacity Act

Plans to reduce the fees and simplify the forms for people making Lasting Powers of Attorney (LPA) were part of proposals announced today in a public consultation by Public Guardian Martin John.

This consultation is the first stage of a wider review by the Office of the Public Guardian (OPG) into how well the Mental Capacity Act (MCA) (2005) is working.

The proposals include plans to reduce the fee for registering LPAs from £150 to £120, redesign the LPA form and guidance notes to be clearer and more logical, and, introduce a new level of supervision of court-appointed deputies to give short-term support and scrutiny where needed.

Bridget Prentice, Justice Minister said: The Mental Capacity Act is an important piece of legislation that enables people to plan for the future, and helps protect the most vulnerable people in society. This welcome review will ensure the law continues to deliver what people need."

Some of these changes will be introduced from April 2009. The review is a long-standing public commitment to be carried out one year after the Act came into force.

Public Guardian Martin John said: "We have listened to our customers and brought forward these proposals to make real improvements. But this is just the first phase of our wider work to review how effective the implementation of the Act has been and what else we can do to make a real difference to our users."

The consultation, Lasting Powers of Attorney, Supervision of Deputies by the Public Guardian and Office of the Public Guardian and Court of Protection Fees, will run from 23 October 2008 until 15 January 2009 and can be found on the Ministry of Justice's website.



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