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Ministry of Justice

Reviewing the Mental Capacity Act 2005: forms, supervision and fees


Status: Closed - with response

Open date: 23 October 2008

Close date: 15 January 2009

Responses published: 11 March 2009

A consultation on proposed changes to three areas of the work of the Office of the Public Guardian and the Court of Protection following the implementation of the Mental Capacity Act:

1. redesign of the Lasting Power of Attorney forms
2. restructuring of the Supervision of Deputies by the Public Guardian
3. alterations to the fee structure.

This consultation was the initial stage of a wider 12-18 month investigation into the implementation of the Mental Capacity Act.

Please note the forms provided here are for consultation purposes only and should not be used to create a Lasting Power of Attorney. Applications to register Lasting Powers of Attorney that are received that contain these forms will be rejected.

Consultation paper

Responses

There were 76 formal written responses and we also held four stakeholder events in England and Wales, which allowed professionals and non-professionals the chance to give their views. The feedback was generally positive and the changes were broadly welcomed.

The Office of the Public Guardian will implement new fees as set out in the consultation and will introduce a new intermediate level of supervision of deputies from 1 April 2009. The Office of the Public Guardian will also redesign and user-test the Lasting Power of Attorney forms, which will be submitted for Parliamentary approval in the summer and introduced in October 2009.