Asked by: Jen Craft (Labour - Thurrock)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps he is taking to increase the powers of the Office of the Public Guardian to investigate abuse of lasting power of attorney.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
When the Office of the Public Guardian (OPG) registers a lasting power of attorney (LPA), it provides attorneys with access to the Mental Capacity Act Code of Practice and supporting guidance which includes information on their legal duties and responsibilities. If someone believes an attorney has breached these duties, they can report it to OPG. Under Section 58 of the Mental Capacity Act 2005, OPG has the power to deal with complaints or representations about the way in which an attorney is exercising their powers. Where necessary, OPG refers cases to the Court of Protection and other agencies such as local authorities or the police.
The Government’s modernising lasting power of attorney project will further increase safeguards. It will strengthen the process for witnessing the donor signing the LPA, introduce identity verification and create a clearer process for objecting to the registration of an LPA, so it can be used by a wider group of people and organisations. Where cases of abuse or misuse still arise, OPG’s existing powers to consider concerns about attorneys’ actions will remain.
Asked by: Jen Craft (Labour - Thurrock)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps he is taking to prevent financial abuse through the misuse of lasting power of attorney.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
When the Office of the Public Guardian (OPG) registers a lasting power of attorney (LPA), it provides attorneys with access to the Mental Capacity Act Code of Practice and supporting guidance which includes information on their legal duties and responsibilities. If someone believes an attorney has breached these duties, they can report it to OPG. Under Section 58 of the Mental Capacity Act 2005, OPG has the power to deal with complaints or representations about the way in which an attorney is exercising their powers. Where necessary, OPG refers cases to the Court of Protection and other agencies such as local authorities or the police.
The Government’s modernising lasting power of attorney project will further increase safeguards. It will strengthen the process for witnessing the donor signing the LPA, introduce identity verification and create a clearer process for objecting to the registration of an LPA, so it can be used by a wider group of people and organisations. Where cases of abuse or misuse still arise, OPG’s existing powers to consider concerns about attorneys’ actions will remain.
Asked by: Jen Craft (Labour - Thurrock)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment he has made of the adequacy of safeguards in the lasting power of attorney process.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
When the Office of the Public Guardian (OPG) registers a lasting power of attorney (LPA), it provides attorneys with access to the Mental Capacity Act Code of Practice and supporting guidance which includes information on their legal duties and responsibilities. If someone believes an attorney has breached these duties, they can report it to OPG. Under Section 58 of the Mental Capacity Act 2005, OPG has the power to deal with complaints or representations about the way in which an attorney is exercising their powers. Where necessary, OPG refers cases to the Court of Protection and other agencies such as local authorities or the police.
The Government’s modernising lasting power of attorney project will further increase safeguards. It will strengthen the process for witnessing the donor signing the LPA, introduce identity verification and create a clearer process for objecting to the registration of an LPA, so it can be used by a wider group of people and organisations. Where cases of abuse or misuse still arise, OPG’s existing powers to consider concerns about attorneys’ actions will remain.
Asked by: Jen Craft (Labour - Thurrock)
Question to the Department for Business and Trade:
To ask the Secretary of State for Business and Trade, what discussions he has had with Royal Mail on reforming the Universal Service Obligation.
Answered by Blair McDougall - Parliamentary Under Secretary of State (Department for Business and Trade)
Ministers and officials have discussions with Royal Mail on a regular basis in its capacity as the universal service provider.
Ofcom, as the independent regulator of postal services, has a duty to secure the provision of a financially sustainable and efficient universal postal service that meets the reasonable needs of users and it is permitted to make limited changes to its regulation accordingly.
Asked by: Jen Craft (Labour - Thurrock)
Question to the Department for Business and Trade:
To ask the Secretary of State for Business and Trade, what assessment he has made of Royal Mail's proposed Optimised Delivery Model.
Answered by Blair McDougall - Parliamentary Under Secretary of State (Department for Business and Trade)
Royal Mail and the Communication Workers’ Union agreed to run pilots in selected offices to design, test and review the operation of the proposed delivery model in response to the changes made by Ofcom, the independent regulator for postal services, to Royal Mail’s universal service obligation.
The government does not have a role in the operational decisions of the business.