The Office of the Public Guardian launched a consultation last year to review the Mental Capacity Act 2005: forms, supervision and fees, proposing changes to three areas of the work of the Office of the Public Guardian and Court of Protection:-
1. Redesign of the Lasting Power of Attorney forms;
2. Restructure of the Supervision of Deputies by the Public Guardian;
3. Alterations to the fee structure – proposing to reduce the fee for registering a Lasting Power of Attorney from £150 to £120, bringing it in line with the registration fee for an Enduring Power of Attorney.
Lasting Power of Attorneys have to be in the prescribed form and any LPA not in the prescribed form has to be rejected by the Public Guardian. However, there had been complaints that the forms were too lengthy, too complicated and it was too easy to overlook important parts of the form as well as being too burdensome.
The consultation finished on 15 January 2009 and the Office of the Public Guardian has been considering responses. Under new regulations, the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2009, the Lasting Powers of Attorney forms have been redesigned.
From 1 October 2009, new Lasting Powers of Attorney forms will be available. The new LPA forms are much shorter, 12 pages instead of 28, and use clearer language. Continuation sheets have been introduced and some tick box areas that were causing problems have been removed. However the new LPA forms still have to be in the prescribed form and still can be rejected by the Public Guardian if they are not. There will be a transitional period so that the old forms can still be used provided execution occurs before 1 April 2011.
If you are looking after someone else’s affairs or are considering making a power of attorney so that someone else can organise your affairs, please call 01858 445480 now or complete one of the on-line forms. You can make an appointment at any of our branches in Market Harborough, Wigston or on Uppingham Road in Leicester. We can also arrange a home or hospital visit if you are unable to attend any of our offices due to your ill health.
