Mental Capacity Act 2005
Mental Capacity Act Latest News
LPA Forms
We have noticed a number of common errors being made. These errors can cause delay to registration or rejection of all or part of the LPA. The three most common errors are explained below:
Attorney date of birth
If you do not complete the attorneys date of birth in Part A of the form we have to reject the application.
Continuation sheet A
Where you have not signed or dated continuation sheet A or where the date does not match the date in Part A of the main form, we have to register the LPA but reject the continuation sheet.
Order of Execution
If you complete the forms in the wrong order we have to reject the application. Part A must be signed before Part B, and Part B must be signed before Part C.
Deputy Panel Survey
Our web survey on the future shape of the OPG's Deputy Panel is now closed. We received more than 400 responses in just over a month from customers, partners and colleagues. Thanks to everyone who completed the survey.
We are analysing the results, but some of the key messages are already clear. Respondents were overwhelmingly in favour of greater transparency in the way the panel is managed, and a more efficient and appropriate selection of deputy when the panel is used. These views will be factored into our decisions on the way the panel is run in the future. More details can be found on our website, and we will publish the full results in the New Year.
Important - Expiry of Deputy Orders
Some Deputy Orders may contain a time limit after which they will expire and the deputyship will come to an end. This is significantly more likely for Deputies who were previously known as Receivers.
Deputies should check their Orders and if there is a time limit which is due to expire shortly, they should make a new application to the Court of Protection by completing forms COP1, COP1A and COP3. If the deputy order has already expired they should also complete form COP4. A fee is payable for making an application.
Deputies can find the relevant forms by clicking the link below and searching for the form by number .
http://www.hmcourts-service.gov.uk/HMCSCourtFinder/FormFinder.do
Office of the Public Guardian (OPG) Nottingham
The 19 October marked the opening of OPG Nottingham, which will deal with Supervision Type 2 cases. This is the first phase of relocation of OPG work to Nottingham; further moves will include more of the Supervision work and the Contact Centre. These moves should be completed by March 2010.
The OPG postal address remains the same:
Office of the Public Guardian
PO Box 15118
Birmingham
B16 6GX
DX 744240 Birmingham 79
The address for sending applications to the Court of Protection remains the same which is :
Court of Protection
Archway Tower
2 Junction Road
London
N19 5SZ
DX 141150 Archway 2
New Lasting Power of Attorney (LPA) forms
On the 1 October the OPG launched redesigned Lasting Power of Attorney (LPA) forms and clearer guidance. The first LPA Property & Financial Affairs form posted on the OPG website contained an error where part C of the form related to the Lasting Power of Attorney Health & Welfare; this was rectified on the same day. However, there were 1,200 forms downloaded which contained the wrong part C; anybody submitting an LPA P&FA should check that they have the correct part C of the form. Anyone submitting the incorrect part C, will be sent the correct part C to complete.
The OPG have received a number of the redesigned LPA forms for registration where the Donor has not completed the Attorney's date of birth in section A, thus invalidating the LPA. This is a reminder that failure by the Donor to complete the Attorneys date of birth in section A will invalidate the LPA form.
To download the forms and guidance please use the link attached: http://www.publicguardian.gov.uk/forms/Making-an-LPA.htm
Lasting Power of Attorney (LPA) Fees
From 1 April 2009, the fee to register a Lasting Power of Attorney (LPA) is £120. We are still receiving large numbers of applications with the old fee of £150. This causes a great deal of work in administering refunds, and is not, ultimately fair on donors and attorneys. Please ensure that the correct fee of £120 is sent with all applications to register an LPA.
Professional Section of the OPG website
Remember to visit the 'Information for Professionals' section of the OPG website regularly to see useful information such as recent Court Orders on LPAs, Enduring Powers of Attorney (EPA) and other matters of interest. http://www.publicguardian.gov.uk/information-professionals.htm
Public Guardian Board Annual Meeting
The Public Guardian Board annual meeting took place on 2 November in London. To read more about the Public Guardian Board and to view the Press Release use the link attached: http://www.publicguardian.gov.uk/about/public-guardian-board.htm
Panel Deputies
We are currently reviewing the arrangements by which the OPG provides the Court of Protection with a list of approved Deputies who can act in cases where nobody else is willing or able to do so. At present, the OPG maintains a Panel of 180 professional Deputies with the skills and resources to provide this service.
As part of our commitment to develop and improve our services, we are considering a number of options for arrangements to change the way the Panel is managed, or replace it altogether.
In order to evaluate these options, we have outlined a variety of possible outcomes of the Panel Review and we would like to invite our customers and stakeholders to assess, from their own point of view, the desirability of each outcome.
Our web survey takes no more than 10 minutes to complete and also gives you an opportunity to tell us if you are interested in taking part in further consultations on the direction and work of the OPG.
The deadline for completion is Tuesday 1st December.
Visit http://tinyurl.com/opg-deputy-panel to participate.
MCA Update stakeholder survey
You still have a few days left to let us know what you think of MCA Update, our electronic stakeholder newsletter. Please take this opportunity to let us know how to improve this service by filling in our survey:
http://survey.euro.confirmit.com/wix/p293154538.aspx
Lord Chancellor responds to media coverage
To read the Lord Chancellor's response to the recent media coverage about the OPG, the Court of Protection and the Court Funds Office, see link below
http://www.publicguardian.gov.uk/about/response-to-media-coverage.htm
Office of the Public Guardian Launched - 1st October 2007
On the 1st October 2007 the Office of the Public Guardian (OPG) became fully operational. The implementation of the Act means the Public Guardianship Office was replaced by the OPG. Read more about this in the In Depth section by following this link or visit the new OPG Website www.publicguardian.gov.uk
The new Court of Protection Launched - 1st October 2007
On 1st October 2007 the new Court of Protection as created under the Act became fully operational. The new Court of Protection is a superior court of record and will have jurisdiction covering health and welfare and finance and property decisions. To read more about the new Court of Protection, visit the new OPG Website www.publicguardian.gov.uk
- Steller article
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