New Public Guardian promises to improve processing of LPAs

Martin John has taken up his post as the new Public Guardian and has promised to tackle the problem of delays in the processing of Lasting Powers of Attorney.

The Office of the Public Guardian was set up in October 2007 with the implementation of the Mental Capacity Act 2005. The Act introduced Lasting Powers of Attorney (LPA) which offer a wide range of options to people who want to prepare for a time when they may no longer be able to make decisions for themselves.

The property and finance LPA allows you to appoint someone to look after your financial affairs if you become incapable of doing so yourself whereas the personal welfare LPA lets you grant an attorney authority over such matters as health care and the kind of treatment you receive. LPAs replaced the previous system involving Enduring Power of Attorney which didn’t have such a wide scope.

The Office of the Public Guardian needs to register LPAs before they can be used. Registration is followed by a 42-day statutory waiting period to allow people to raise objections to the registration. This waiting period is one of the safeguards built into the process to ensure that the LPA has been drawn up properly and is not fraudulent.

Mr John, who has been appointed as Public Guardian and Chief Executive of the Office of the Public Guardian, said: “The Office faces some key challenges in dealing with the processing of Lasting Powers of Attorney and extra resources have been brought in to tackle the delays and we are already seeing improvements.

“Over the longer term, I will be reviewing how well the Office and the Mental Capacity Act are working overall and we will be engaging closely with customers and stakeholders on this.” Mr John had previously been working in the business development section of the new Tribunals Service.

Please Contact Ken Saunders, Elizabeth Neame or Pat Powell if you would like more information about LPAs and how they can help you plan for the future.