Tag: Lasting Power of Attorney

The Modernising of the Lasting Power of Attorney

Ellie Howard-TaylorLeave a comment

The lasting power of attorney (LPA) was introduced in 2007. It was designed to provide more flexibility and greater protections than its predecessor, the enduring power of attorney (EPA). In more recent years, demand for digital services has increased significantly. Digital channels provide many opportunities to improve access and speed of service.

Due to this, the Ministry of Justice and OPG are working together to modernise LPAs.

Their aims of this work are to:

  • increase safeguards, especially for the donor
  • improve the process of making and registering an LPA for donors, attorneys and third parties
  • achieve sustainability for OPG whilst keeping LPAs as affordable as possible for all people in society

Creating a modern LPA service will require changes to the Mental Capacity Act 2005 and the supporting secondary legislation. The Ministry of Justice has launched a consultation and they need public views on the proposals and to collect evidence on how to proceed with the development of solutions.

Submitting your response:

MLPA – Vulnerability Policy Unit 
Family and Criminal Justice Policy Directorate
Ministry of Justice 
Post point 7.25 
7th Floor 
102 Petty France 
London 
SW1H 9AJ

A standard response prepared by Caroline Bielenska can be located at Standard Response Template. The deadline for submissions is the 13 October 2021.

If you have any queries on any of the above, please do not hesitate to contact Ellie Howard Taylor atellie.howard-taylor@clarionsolicitors.com

Latest statistics show 50% annual increase in orders made under the Mental Capacity Act [2005].

Stephanie KayeLeave a comment

The Family Court statistics bulletin relating to the final quarter of 2017 has been published, providing an overview and insight into the data relating to Court of Protection applications and orders for the year.

The latest report published by the Ministry of Justice show that the number of orders made under the Mental Capacity Act (MCA) continued to rise significantly in the last year, with a staggering 38,945 orders being made in 2017. This is an increase of almost 50% on the number of orders made in 2016. It is noted, however, that much of this increase can be attributed to the clearance of a number of preexisting and outstanding cases during the first quarter of 2017.

Around 40% of the orders made under the MCA in 2017 related to the appointment of a Deputy for property and financial affairs, continuing the consistent increase since 2009. Please see the below table for a complete breakdown of all orders made under the MCA in 2017.

 

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The upward trend relating to numbers of Deprivation of Liberty (DoLS) applications also continued in 2017. There were 3,995 DoLS applications made throughout the year, a 27% increase on 2016, showing the continued increase in awareness of DoLS and the increased impetus to have deprivations authorised. The numbers of DoLS orders made in 2017 also rose by 81%, which (when compared with the 27% increase in applications) evidences the delay between application and order.

There was a continued increase in the numbers of Lasting Powers of Attorney (LPAs) received in 2017; LPAs received rose by 28% between 2016 and 2017, with over 180,000 LPAs being registered in the final quarter of the year alone. This increase is a continuation of the upward trend seen since 2015, likely due to the ease of online forms and increased publicity and media coverage of Powers of Attorney. The long-term downward trend relating to the number of Enduring Powers of Attorney (EPAs) continued, with a 7% annual decrease in EPAs received in 2017.

The full report can be found here.

If you have any questions about the above, please feel free to contact Ethan Bradley at ethan.bradley@clarionsolicitors.com.