TEETHING PROBLEMS WITH THE COURT OF PROTECTION

It would be fair to say that the Office of the Public Guardian's (also known
colloquially as the Court of Protection) main aim is to safeguard the
interests of people who have lost mental capacity, but the court also governs the law
surrounding those people (whether young or old) who want to make provisions
for the eventuality that they may lose mental capacity.

Last October, things changed at the Office of the Public Guardian.  The
intention behind the changes was to improve the protection of vulnerable
patients, but there have been so many teething problems and delays, that
this may not actually have protected the vulnerable.

The old-style simple Enduring Power of Attorney forms were replaced by
Lasting Powers of Attorney which are over 20 pages long and have to be registered
prior to their use.  The forms are taking 3 or 4 months to process and are
returned if they contain the slightest error, such as a box being left unticked.

The Times quotes figures from the Ministry of Justice showing that over a 6
month period, only 1,256 LPA applications were registered successfully out
of a total of 9,623.  That is less than 10% of applications actually being
successful.

Rumour has it that the forms are being redesigned again, and the
registration fee of £150 being reduced to £120, but the cost to the client of dealing
with the court of protection is increasing at least six-fold.  We used to charge
£100 plus VAT for an EPA, and now we charge between £600 and £800 plus VAT plus a
registration fee for preparing a lasting power of attorney.

The administrative difficulties that we are coming across at the OPG are
becoming very frustrating.  The poor lay person who has to deal with the OPG
on their own, without our expertise!

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Helen Freeley is a partner in the private client department of Ambrose
Appelbe, dealing with all aspects of administering both UK and foreign domiciliary
estates. Helen prepares Wills, sets up trusts and advises on inheritance tax
planning and wealth management.

She also deals with elderly client issues such as Lasting Powers of Attorney
and Court of Protection matters.

Helen also holds a vital role in the charity 'The Order of Malta
Volunteers', spending the last decade of summers taking disabled children on holiday to
South France.  She is a student member of STEP, the Holborn Law Society, MENCAP
and is a member of Solicitors for the Elderly.

Contacts:

Helen Freely, Ambrose Appelbe:      020 7242 7000
This e-mail address is being protected from spambots. You need JavaScript enabled to view it      www.ambrose.appelbe.co.uk

Lauren Alexander, Maltin PR:         020 7887 1357    This e-mail address is being protected from spambots. You need JavaScript enabled to view it
www.maltinpr.com