Powers of Attorney cost reduction takes effect
01 April 2009
The cost of registering Lasting Powers of Attorney (LPAs) forms will be cheaper from today following a recent public consultation.
The cost of LPAs will go from £150 down to £120, in line with the findings of a wider review of the way the Mental Capacity Act 2005 was implemented, which started in October last year.
LPAs give people the power to plan ahead to a time when they are unable to make decisions for themselves.
Justice Minister Bridget Prentice said:
'The changes coming in today are part of our promise to put the consumer first, by listening to their concerns and addressing their needs where we can.'
The Public Guardian, Martin John, said:
'The cost of registering LPAs has been raised by users as a key area of focus. I hope that this reduction will see more people feeling able to take those crucial steps to plan for their future.'
At the same time, the administration of the Court of Protection that directs the legal affairs of people lacking the mental capacity to make decisions on their own, will also move from the Office of the Public Guardian to Her Majesty's Courts Service (HMCS).
The review signalled that moving the Court of Protection to join other courts under the HMCS banner would offer greater flexibility in judicial and courtroom resource, and a clearer definition for users about the role and responsibilities of both the court and the Public Guardian.
The Office of the Public Guardian has also published its business plan for the coming year (2009/10) and includes plans to:
- develop and improve the service to those supporting individuals who lack capacity in their decision-making
- ensure effective engagement with a range of customers, clients and stakeholders, to improve knowledge of, and support to the OPG as a regulator
- continue to review the implementation of the Mental Capacity Act 2005 and implement changes to enhance its impact and services.
Notes to editors
- The response document: Reviewing the Mental Capacity Act 2005: Forms, Supervision and Fees.
- 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 Office of the Public Guardian website and through customer and stakeholder newsletters issued by the Office of the Public Guardian.
- The Office of the Public Guardian 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.
- 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.
- Registering an LPA currently costs £150 per form.
EPAs which are the precursor to LPAs cost £120 to register. - Further information about the Mental Capacity Act 2005.
- For more information and interview requests, please contact the Ministry of Justice News Desk on 020 3334 3536.