I have today laid before Parliament the Mental Capacity Act 2005 (Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations) 2007.
The Mental Capacity Act 2005 provides a statutory framework for people who lack the mental capacity to make their own decisions. It sets out who can take decisions, in which situations, and how they should go about this. It also enables people to make provision for a time in the future when they may lack capacity to make some decisions including through the introduction of a new power of attorney called a lasting power of attorney (LPA). LPAs will replace enduring powers of attorney (EPA) as the main way in which someone can choose a decision-maker to act on their behalf, particularly in the event of their loss of mental capacity.
These regulations set out the prescribed forms, supporting forms and other requirements necessary for the making and registration of LPAs and the registration of existing EPAs. They also make provision about the functions of the Public Guardian and the discharge of those functions.
A consultation process was held from 20 January to 14 April 2006 to seek views on the draft LPA forms, prescribed information and accompanying non-statutory guidance, as well as on the processes for certifying and registering LPAs. These regulations, and the forms contained within them, have been developed in light of the comments received during consultation.