18 Dec 2009

OPG announces 'amendments to secondary legislation' consultation

The Office of the Public Guardian has announced a new consultation paper. This consultation paper represents the next step in the review process of the MCA. It addresses identified areas of legislation and policy that in practice have not worked as well as otherwise intended.

The proposed changes below will in practice help the Act meet it's aims and objectives. The OPG intends to implement them on the 1st April 2010 and is now seeking your views.

  • Reducing the security bond discovery period after the client's death from 7 to 2 years;
  • Expanding the list of benefits that would qualify a customer for exemption from payment of OPG fees;
  • Enabling the Public Guardian to investigate EPA attorneys together with other interested parties;
  • Clarifying that a certified copy of an EPA will only be accepted if the original cannot be produced due to its being lost or destroyed;
  • Amending the 'Application for registering of an EPA' form to allow for the registration of a certified copy only if the original cannot be produced due to its being lost or destroyed;
  • Amending the 'Notice of intention to apply for registration of an Enduring Power of Attorney' form to require attorneys who are not joining in the application to register an EPA to be named

The full consultation also includes some proposals for the long term.

http://www.justice.gov.uk/consultations/opg-amendments-legislation-consultation.htm

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