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Mentally Incapacitated

Volume 489: debated on Friday 20 March 2009

To ask the Secretary of State for Justice what remit the Court Funds Office has to manage funds on behalf of Court of Protection clients. (264342)

The Court Funds Office provides a banking and investment service to the civil courts in England and Wales, including the Court of Protection. Where the Court of Protection has directed that funds be lodged with the Court Funds Office, or where a deputy appointed to manage funds on behalf of a Court of Protection client has chosen to lodge funds with the Court Funds Office, those funds are dealt with as directed by the deputy, in accordance with the Court of Protection order. The Court Funds Office does not make investment decisions, or deal with funds lodged other than as instructed by the deputy or by way of a direction from the Court of Protection,

To ask the Secretary of State for Justice how many (a) enduring powers of attorney have been applied for and (b) living wills have been made in each year since the Mental Capacity Act 2005 came into force; and if he will make a statement. (264343)

The Mental Capacity Act 2005 was fully implemented on 1 October 2007. It introduced new Lasting Powers of Attorney (LPAs) to enable people to appoint someone to make decisions on their behalf in relation to their property and affairs and/or their health and welfare.

In addition, Enduring Powers of Attorney (EPAs) made prior to October 2007 remain valid.

EPAs only need to be registered with the Office of the Public Guardian (OPG) once the person to whom they relate has lost capacity.

All LPAs must be registered with the OPG before they can be used. Between October 2007 and September 2008 the OPG received

21,200 applications to register EPAs.

9,600 applications to register health and welfare LPAs

28,500 applications to register property and affairs LPAs

During the period October 2008 to January 2009 the OPG received

8,200 applications to register EPAs.

6,000 applications to register health and welfare LPAs

22,000 applications to register property and affairs LPAs

The Mental Capacity Act 2005 gave statutory force to valid and applicable advance decisions to refuse treatment (previously also sometimes referred to as ‘living wills'). The Ministry of Justice has no information regarding how many advance decisions have been made.