The Mental Capacity Act 2005

1. The Mental Capacity Act 2005 • Steve RiderMental Capacity Implementation Programme • Local Authority Partnership Group presentation – 18th January 2006

2. The presentation will cover: • A reminder of the main principles of the Act • What the Act means for the PGO • The new Public Guardian • The Mental Capacity Implementation Programme • Challenges and work in progress

3. The principles of the Act • Presume capacity unless proved otherwise • Do not treat people as incapable of making a decision unless you have tried all practicable steps to help them • Preserve the right to make unwise or eccentric decisions • When deciding/acting for others – best interests must apply • Act in a way that is least restrictive of rights and freedom of action – (applies to the Court)

4. Best Interests • No discrimination on grounds of age, appearance, condition or behaviour • Is incapacity short term ? • Allow and support participation • Past & present wishes/feelings • Beliefs and values • Consult with others where practicable and appropriate

5. How it affects the PGO • CoP takes on new and different jurisdiction • health and welfare matters • inherent High Court jurisdiction • becomes a Court of Record • PGO is replaced by the OPG • a new statutory office holder • an office with prescribed functions • separate and distinct from the Court

6. The functions of the Public Guardian • Registering LPAs • Registering EPAs • Maintaining the registers • Supervising Court appointed Deputies • Directing Visitors • Dealing with representations about attorneys and Deputies

7. Deputies appointed by the Court of Protection • Court appointed deputies will replace receivers • Deputyships may cover finance and property or health and welfare issues • Single Orders or decisions of the Court will be preferred to full Deputyship • Deputies will need to pay regard to the codes • Deputies will need to be aware of the impact of functional test

8. EPAs Must be registered at onset of incapacity Can be used before registration (if the donor is capable) Covers finance and property only Is not independently witnessed to ensure the donor understands it Cannot specify who is to be notified at the time of registration LPAs Can only be used once it is registered LPA can cover finance and/or health and welfare Must be witnessed by someone who can attest that the donor appears to have understood the document Can specify who is to be notified of registration LPAs – what is different ?

9. Customers • Shared Admin: Frontline Staff • Key Functions • Post opening/dispatch • Customer enquiries (general) • What is the fee for an application? • When do I register my LPA and how? • Do I have to supply medical evidence of the donor’s mental incapacity? • Who do I send forms to? • Who can apply to be a Deputy? Shared Admin: Back Office Staff (OPG Support staff) (Court Support Staff) - Processing applications to register EPA/LPA -Processing applications to Court -Dealing with enquiries from deputies/donees -Supporting attended hearings -Commissioning & Monitoring reports from -Dealing with leave to apply (straight forward) deputies/others -Remissions -Processing visit reports Senior Technician Staff Complex registration issues (validating of objections) Appeals against OPG decisions Court Staff Paper decisions Non contentious appointments Core Business Functions registers EPAs Registers LPAs Liaison with PG & The Senior Judge Core Jurisdiction

10. OPG Board of Supervision -to scrutinise and review to make recommendations to the Lord Chancellor makes an annual report to the Lord Chancellor terms of reference under discussion Management Board A separate Board and Audit Committee Membership a matter for PG Non executive membership to be determined OPG Governance

11. Work in progress • The Court and its processes • Supervision – who, when and how • Transitional changes for receivers – other drivers • New organisational design • New relationships with other organisations • New processes (and forms, guidance and IT)

12. The OPG Project Plans will feature: • Internal Communications (long term and transitional) • External Communications (long term and transitional) • Processes • System requirements • Forms • Public Information and guidance • Corporate Governance • Organisational Design • Fees • Business Readiness

13. Forthcoming Attractions • LPA Consultation – Jan 2006 • Public Guardian in post – Feb 2006 • Code of Practice Consultation – Spring 2006 • Appointment of the OPG Board – April 2006 • Consultation on Rules and Regs – June 2006