20.08 Reviewing the Mental Capacity Act 2005: forms, supervision and fees.

The above consultation from the Ministry of Justice follows the first year anniversary of the implementation of the Mental Capacity Act 2005 (hereinafter the 2005 Act).

At the time of implementation, the government announced its intention to review the 2005 Act after one year to ensure the potential benefits of the 2005 Act were being fully realised.

The above consultation marks the first stage of the government’s review process to address the number of areas that have already been identified during the first year of operations as being in need of reconsideration: namely, the Lasting Powers of Attorney (LPA) forms, the Public Guardian’s supervision regime and the fees currently charged by the Office of the Public Guardian and the Court of Protection.

The consultation document proposes changes to some of those areas now, and in other areas, the government is seeking evidence as to what is working well and not so well.

The consultation is also available on the following Ministry of Justice webpage:

http://www.justice.gov.uk/docs/reviewing-mental-capacity-act.pdf

The consultation will end on 15th January 2009. Views are welcomed from all members who specialise or have an interest in probate by Friday 9th January 2009.