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Powers of Attorney

Answer

When the Office of the Public Guardian (OPG) registers a lasting power of attorney (LPA), it provides attorneys with access to the Mental Capacity Act Code of Practice and supporting guidance which includes information on their legal duties and responsibilities. If someone believes an attorney has breached these duties, they can report it to OPG. Under Section 58 of the Mental Capacity Act 2005, OPG has the power to deal with complaints or representations about the way in which an attorney is exercising their powers. Where necessary, OPG refers cases to the Court of Protection and other agencies such as local authorities or the police.

The Government’s modernising lasting power of attorney project will further increase safeguards. It will strengthen the process for witnessing the donor signing the LPA, introduce identity verification and create a clearer process for objecting to the registration of an LPA, so it can be used by a wider group of people and organisations. Where cases of abuse or misuse still arise, OPG’s existing powers to consider concerns about attorneys’ actions will remain.

Secondary information

Type

Written question

Reference

99566

Session

2024-26

Grouped for answer

Yes

Subjects

Powers of attorney

Link

View this Written question on www.parliament.uk