OPG protection for vulnerable people

A new organisation looking after the interests of some of the most vulnerable people in society began its work this month.

The Office of the Public Guardian (OPG), introduced under the Mental Capacity Act 2005, is to provide legal protection for thousands of people lacking the mental capacity to make decisions themselves.

The Act includes a new Court of Protection with a wider jurisdiction than the old court, and a new Lasting Power of Attorney replacing existing Enduring Powers of Attorney.

Welcoming the OPG, parliamentary under-secretary of state at the Ministry of Justice, Bridget Prentice, said: “The Office of the Public Guardian brings legal certainty to some of the most vulnerable people in society.”

“It will monitor the actions of people looking after the affairs of people who lack capacity and ensure that decisions made for them are in their best interests.

“The Court of Protection will have specially trained judges to deal with decisions relating to personal welfare, as well as property and financial affairs.”

Richard Brook, the first public guardian, said: “I look forward to leading it through the challenges that lie ahead and to working with colleagues to deliver high quality services to some of the most vulnerable people in our society.”

Also coming into force this month is the Lasting Powers of Attorney (LPAs), replacing Enduring Powers of Attorney. LPAs will give vulnerable people greater choice and control over their future and enable people to choose someone they trust to look after their affairs should the need arise.

“The new LPAs cover personal welfare as well as finance and property decisions and introduce rigorous safeguards to address some of the shortcomings of EPAs,” added Ms Prentice.

Neil Hunt, chief executive of the Alzheimer’s Society said: “These changes offer people better choice and control over their lives and more protection by law. This is a huge step forward and a pivotal moment in recognising the rights of people with dementia.”