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Mental Capacity Act 2005 and Power of Attorney

1 Comment 12th August 2010

Replacing the previous straightforward Power of Attorney arrangements, this Act has generated a bureaucratic, slow and unbelievably expensive process, creating substantial obstacles to anyone seeking to protect the interests of an incapacitated relative. Parts of the complicated forms to be filled in (COP1, COP1a, BCOP1b, Permission form COP2, Deputy’s declaration COP4) actually duplicate questions asked elsewhere. Some are even mis-spelt. Administration of the forms by the solicitor who has to submit them generates further substantial costs (in my case £400) payable by the applicant. The final straw is the huge compulsory indemnity insurance premium to be paid annually until the protected person dies. The application process is so slow that protected people have been reported as dying long before the Court of Protection gets around to awarding Deputyship for their protection.

Why does this matter?

Protecting people whose mental capacity is impaired due to age or illness is important. The Mental Capacity Act 2005 has raised huge costs, bureaucracy and delays for people trying to achieve this, and should be revised without delay. 

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One Response to Mental Capacity Act 2005 and Power of Attorney

  1. Fred Yee says:

    Thoughtful writing , I was fascinated by the points ! Does anyone know where my business might be able to access a template IRS 1023 form to fill out ?

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