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The Mental Capacity Act 2005 came fully into effect in England and Wales on 1 October 2007.
The Act introduces changes to the way in which decisions are made for people lacking the mental ability to make certain decisions for themselves. This could be because of a learning disability, mental health problems, brain injury, dementia, alcohol or drug misuse or any other illness or disability. The decisions can relate to their personal welfare, property or affairs.
The new law establishes a new Court of Protection to deal with all aspects of the Act. The court has the power to decide if someone lacks mental capacity and, if they do, appoint someone to act on their behalf.
A new position of Public Guardian has been created, supported by an Office of the Public Guardian (OPG). This replaces the previous Public Guardianship Office.
The OPG will support and supervise deputies appointed by the Court. The deputies
replace the current system of receivers and may make on-
On 1 October 2007, Lasting Powers of Attorney will replace Enduring Powers of Attorney.
The OPG will register Lasting Powers of Attorney, which allow people to plan ahead and set out in advance what should happen if they lose the ability to make decisions in the future. While Enduring Powers of Attorney only covered property and affairs, Lasting Powers of Attorney will also cover personal welfare decisions.
The OPG's Customer Contact Centre on
0845 330 2900 is the first point of contact for anyone who needs advice or information.
Details about the Act, becoming a deputy or details on Lasting Powers of Attorney and Enduring Powers of Attorney are available from 1 October 2007 on the new OPG website: www.publicguardian.gov.uk