In December 2006 the Government announced a timetable for the introduction of the Mental Capacity Act 2005.

The Act provides a statutory framework to empower and protect people who may not be able to make decisions themselves, for example those with dementia, learning difficulties, mental health problems etc.

A new Court of Protection and Office of the Public Guardian will become operational on 1st October 2007. The new Court will replace the current Court of Protection and will have a wider jurisdiction. Not only will it have jurisdiction to make decisions about the financial affairs of a person lacking capacity but from 1st October the new Court will also be able to make decisions regarding the personal welfare and healthcare of such persons.

Following the implementation of the Act some of the features of the current Court of Protection will cease to exist (subject to transitional provisions), such as Enduring Powers of Attorney (EPAs) and Receiverships. Instead the Act provides for Lasting Powers of Attorney (LPAs) and Independent Mental Capacity Advocates (IMCAs).

Areas of concern you may have:

1 Is there a valid Enduring Power of Attorney and was it made by the Donor when he or she had capacity?

2 What happens to a current Enduring Power of Attorney when the new Court of Protection becomes operational? Will I still be able to make an EPA?

3 What is a Lasting Power of Attorney? Can I make one now?

4 Has the Enduring Power of Attorney been registered? When should it be registered?

5 Can I object to the registration of an EPA? On what grounds?

6 I think that undue influence was used to induce the Donor to create the power. What should I do?

7 I think that the Attorney is unsuitable to act. What should I do?

8 Should a Receiver be appointed to deal with a person's financial affairs because he or she has already lost capacity to manage his or her affairs?

9 What duties do I owe as an Attorney or Receiver?

For further information about the work of the current Court of Protection, the Mental Capacity Act 2005 and Lasting Powers of Attorney please see our Information Sheets.

If you require further information, please contact Bill Perry