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Mental Capacity Act 2005

Volume 478: debated on Monday 23 June 2008

To ask the Secretary of State for Justice what (a) statutory instruments, (b) departmental circulars and (c) other documents he (i) has issued since October 2007 and (ii) plans to issue in the next 12 months consequential to the provisions of the Mental Capacity Act 2005; and if he will make a statement. (212359)

Since October 2007 the Lord Chancellor has laid the Mental Capacity Act 2005: Deprivation of liberty safeguards—Code of Practice to supplement the main Mental Capacity Act 2005 Code of Practice before Parliament in draft on 13 June 2008. This relates to the deprivation of liberty provisions introduced into the Mental Capacity Act 2005 by the Mental Health Act 2007.

Two pieces of secondary legislation have also been laid before Parliament by my right hon. Friend the Secretary of State for Health (Alan Johnson) in relation to the deprivation of liberty provisions:

The Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008 were laid before Parliament in draft on 20 May 2008 to be approved by resolution of each House of Parliament.

SI 2008 No. 1315, The Mental Capacity (Deprivation of Liberty: Appointment of Relevant Person's Representative) Regulations 2008 was laid before Parliament on 20 May 2008 and is subject to the negative resolution procedure.

The OPG continues to publish a range of forms, guidance and other information to support the Mental Capacity Act 2005 and has amended those forms and guidance as necessary since October 2007. The following table provides a summary of the current forms, guidance and newsletters produced by the Office of the Public Guardian to support the implementation of the Mental Capacity Act 2005. The summary indicates where amendments to the forms or guidance have been made since October 2007.

The Office of the Public Guardian's Annual Report and Accounts October 2007 to March 2008 (including the Public Guardian's report as required by Section 60 of the Mental Capacity Act 2005) is due to be published prior to the summer recess.

The Office of the Public Guardian plans to review the operation of the Mental Capacity Act 2005 later this year. As a result of this formal evaluation and other business improvement initiatives, further secondary legislation, information or guidance may be prepared and brought forward.

Forms, guidance and supporting documentation produced by the Office of the Public Guardian and Court of Protection

EP1PG

Notice of intention to apply for registration of an enduring power of attorney

EP2PG

Application for Registration of an Enduring Power of Attorney

EP2PG Notes

Guidance Notes for completing the application form EP2PG

EPA101

Guidance about Enduring Powers of Attorney and their use Amended January 2008

LPAPA

Lasting Power of Attorney Property and Affairs

LPAPA Notes

Notes for completing an LPA—Property and Affairs

LPAPW

Lasting Power of Attorney Personal Welfare

LPAPW Notes

Notes for completing an LPA—Personal Welfare

LPA001

Notice of intention to apply for registration of a Lasting Power of Attorney

LPA002

Application to register a Lasting Power of Attorney

LPA002 Notes

Application to register a Lasting Power of Attorney Guidance Notes for completing the application form LPA2

LPA005

Disclaimer by a proposed or acting attorney under a Lasting Power of Attorney

LPA006

Objection by the donor to the registration of a Lasting Power of Attorney

LPA007

Objection to the Office of the Public Guardian of a proposed registration of a Lasting Power of Attorney on factual grounds

LPA008

Notice to the Office of the Public Guardian of an application to object to registration of a Lasting Power of Attorney made to the Court of Protection

LPA102

A guide for people who want to make a Personal Welfare Lasting Power of Attorney (LPA)

LPA103

A guide for people who want to make a Property and Affairs Lasting Power of Attorney

LPA104

A guide for people taking on the role of personal welfare attorney under a Lasting Power of Attorney

LPA105

A guide for people taking on the role of property and affairs attorney under a Lasting Power of Attorney

LPA107

A guide for Certificate Providers and Witnesses

LPA108

A guide to registering a Lasting Power of Attorney

LPA109

Office of the Public Guardian Registers—Register of Lasting Powers of Attorney, Register of Enduring Powers of Attorney and Register of Court orders appointing Deputies

OPG102

Deputyship Report. Amended December 2007

OPG502

OPG and Court: Who we are and what we do

OPG503

OPG and COP Service standards

OPG505

Putting things right—A guide on how to complain. Amended April 2008

OPG505A

Complaint Form

OPG506

Court of Protection and Office of the Public Guardian Fees, exemptions and remissions. Amended April 2008

OPG506A

Application for a fee exemption or remission. Amended April 2008 and May 2008

OPG507

A guide to supervision for Deputies

COP1

Application

COP1A

Annex A: Supporting information for property and affairs applications

COP1B

Annex B: Supporting information for health and welfare applications

COP2

Permission

COP003

Assessment of capacity

COP4

Deputy's declaration

COP5

Acknowledgement of service / notification

COP7

Application to object to the registration of a Lasting Power of Attorney (LPA)

COP8

Application relating to the registration of an enduring power of attorney (EPA)

COP9

Application notice

COP10

Application notice for applications to be joined as a party

COP12

Special undertaking by trustees

COP14

Proceedings about you in the Court of Protection

COP14A

Guidance notes on completing form COP14

COP15

Notice that an application form has been issued

COP15A

Guidance notes for completing form COP15

COP17

Request for directions relating to an objection to the registration of an Enduring Power of Attorney (EPA)

COP20

Certificate of service / non-service. Certificate of notification / non-notification

COP22

Certificate of suitability of litigation friend

COP23

Certificate of failure or refusal of witness to attend before an examiner

COP24

Witness statement

COP25

Affidavit

COP29

Notice of hearing for committal order

COP30

Notice of change of solicitor

COP31

Notice of intention to file evidence by deposition

COP28

Notice of hearing

COP35

Appellants notice

COP36

Respondents notice

COP37

Skeleton Argument

COP42

Making an application to the Court of Protection

COP43

A guide for Deputies appointed by the Court of Protection

Booklets and general information about the Act

OPG601

Making decisions about your health, welfare or finances. Who decides when you can't?

OPG602

Making decisions. A guide for family, friends and other unpaid carers

OPG603

Making decisions. A guide for people who work in health and social care

OPG604

Making decisions. A guide for advice workers

OPG605

Making decisions. An Easy Read guide

OPG606

Making decisions. The Independent Mental Capacity Advocate (IMCA) service

Health, welfare and finances—who decides if you can't?

Summary of Mental Capacity Act

“3 Stories” a short film to raise awareness of the Act

Additional OPG documents

OPG Framework Document

OPG Business Plan 2008-09

PGO Annual Report and Accounts April-September 2007

Newsletters

MCA Update

From July 2005 the MCA Update newsletter has been sent electronically, on a regular basis, to a wide range of stakeholders keeping them informed with progress implementing the new Act. The newsletter is made available in both standard and “easy read” formats, and continues to be sent.

Reaching Out

Since August 2005, the Public Guardianship Office's (now Office of the Public Guardian) customer newsletter, Reaching Out, which was usually issued three times a year, has included information about the Mental Capacity Act and how it might affect existing customers. The final issue was issued in October 2007.

OPG In Touch

The OPG's new customer newsletter replaced Reaching Out from February 2008. This continues to be issued three times a year, and will continue to provide information to existing customers.