4 March 2013

Power of Attorney (PoA) Update – Manual Submissions

There is currently a 6 week waiting period before your PoA can be processed and returned to you. This week we will be working on PoAs received on and around 23rd January 2013.

Last week we processed:

• 343 PoAs – those received between 18th December and 22nd January; and
• 147 PoAs which were required urgently. Please note that this service may be requested if there is a genuine urgency to process a PoA and the reason is provided.

More on this can be found here.

The Public Guardian has announced that from 1st April 2013, substitute attorneys will be required to confirm by way of signature, that they are willing to act at the point of registration.

This change in practice will impact on the Schedule 1 certificate, which is incorporated in the power of attorney document, as it will be necessary to state the names of any substitute attorneys in Section 4 of the certificate.  These requirements will apply to continuing and/or welfare powers of attorney signed after 1st April 2013.

The power of attorney registration form that we currently provide is being modified and will include a facility for substitute attorneys to confirm their willingness to act.

This form will be available from the “Power of Attorney Registration Forms and Guidance Notes” section of the website by the end of this month.  This version of the form may be used prior to 1st April 2013.

More on this can be found here.

Sandra McDonald, Public Guardian has provided an update on the current power of attorney position.

This is from the website of OPG Scotland.

“The Public Guardian is aware of the significant problems experienced by attorneys, withdrawers and guardians when dealing with banking institutions and other fund holders. There is a regular programme of awareness raising and training with fund holders to try and reduce these difficulties but this makes little impact at the present time. The Equality and Human Rights Commission are keen to hear from individual attorneys, withdrawers or guardians, who encounter such difficulties and with permission may be able to raise a legal challenge against a fund holder on the grounds that they are treating incapable adults less fairly than a capable person. The Commission can be contacted:

• By e-mail scotlandhelpline@equalityhumanrights.com or
• By telephone on 0845 604 5510 or
• In writing to Equality and Human Rights Commission Helpline Scotland
  Freepost RSAB-YJEJ-EXUJ
  Equality and Human Rights Commission
  PO Box 26961
  Glasgow, G2 9DU”

More on this can be found here.

Further update from Office of the Public (Scotland) on processing times for powers of attorney.  The update can be found here.

Statement from the Office of the Public Guardian Scotland

“It has come to our attention that there are companies advertising to assist with, in certain circumstances, the claiming back of nursing or care home fees which have been paid from 2004 onwards.

We would like to advise that this applies in England and not Scotland.”

On the same “News” page you will see the welcome progress that is being made regarding the processing times of Powers of Attorney.

More on this can be found here.

More information on the closure of the Office of the Public Guardian in Scotland on certain days to deal with the backlog of Powers of Attorney needing processed can be found here.

Good to see the that the Office of the Public Guardian in Scotland has issued a policy document that is both practical and pragmatic on amendments to a registered power of attorney.   This policy will come into force on 1 January 2012.

“The Adults with Incapacity (Scotland) Act 2000 is silent on whether it is permissible to amend a power of attorney deed once registered. The Public Guardian has taken the view that an amendment sought by a capable granter is permissible. The Amendment Policy constitutes the Public Guardian’s approach to the management of amendments to powers of attorney.

• In short, a minor administrative amendment to a power of attorney document, e.g. a change of name or address, which requires no capacity test, will be free of charge.
• Any amendment which requires proof of continuing capacity i.e. because there is a change requested to the primacy of the deed, will incur a fee of £70.”

The policy document can be found here.

The OPG has put updated Inventory & Management Plan Forms on its website.

The updated forms can be found here.

The Office of the Public Guardian from 25th July 2011 and will no longer issue temporary welfare certificates when joint welfare and financial guardianship orders are granted.  This change in practice will be reviewed in January 2012.

More information can be found here.