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Age Concern's response to the Department for Constitutional Affairs consultation on Court of Protection and Office of the Public Guardian fees
- Author:
- AGE CONCERN
- Publisher:
- Age Concern
- Publication year:
- 2006
- Pagination:
- 3p.
- Place of publication:
- London
The Mental Capacity Act 2005 received Royal Assent on 7 April 2005. The Department for Constitutional Affairs (DCA), the Department of Health and the Welsh Assembly Government are working together to implement the Act in April 2007. The Act establishes a new specialist court, to be known as the Court of Protection, with a new jurisdiction to deal with decision-making for adults who lack mental capacity. The Act also establishes a new statutory office holder, the Public Guardian, with a range of statutory functions set out at Section 58 of the Act. From April 2007, he will be supported by the Office of the Public Guardian, an executive agency of the DCA, and the Public Guardianship Office will cease to exist. The new Court of Protection and the new statutory office of Public Guardian will have a different approach from their predecessors. This will have advantages for those who use their services. Judges will decide all new matters which come before the new Court from April 2007. Where the court orders that a deputy is appointed for a person who lacks capacity, a new approach to supervision is proposed. Customer service will be improved with a dedicated customer service team to answer queries and provide information about the new Court, the new Public Guardian and the new Act. The DCA has developed a new fee regime which will be simpler and more transparent to customers in terms of the fees that they will be charged. Fee exemptions and remissions will ensure that access to justice is protected for those who are unable to pay. This consultation paper seeks views on the proposals for this new fee regime. The paper looks at 4 areas of the proposed fees to be charged by the Court of Protection and Office of the Public Guardian in turn: registration of Enduring and Lasting Powers of attorney and register searches; the Court Reporting Service; fees in respect of the Court of Protection; and fees relating to deputies and their supervision.