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News & views

Lincolnshire County Council v J K [2016] EWCOP 59

6/4/2017

 
Hearing to determine whether the Patient had capacity in respect of four areas. The Patient was deemed to lack capacity in all areas.

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Deprivation of Liberty applications doubled in 2016

3/4/2017

 
The latest Family Court Statistics Bulletin published by the MoJ shows that the number DoLS applications doubled again in 2016. There were 3,143 applications in that year compared with 1,497 in 2015. Out of that number 1,366 orders were made.

The Bulletin also shows that the number of Lasting Powers of Attorney (LPAs) received increased to 590,593 in 2016, up 80,000 on 2015.

However the number of Deputyships appointed remained fairly stable, with 12,436 appointments in 2016.

You can read more in Section 10 of the Bulletin available here.

Public Guardian (Fees, etc.) (Amendment) Regulations 2017

3/4/2017

 
The ​Public Guardian (Fees, etc.) (Amendment) Regulations 2017 (SI 2017 No. 503) came into force on 1 April introducing changes to application  for registration fees for lasting powers of attorney. 

The SI amends the Public Guardian (Fees, etc.) Regulations 2007 (S.I. 2007/2051) by reducing the fee for an application to register an enduring, or a lasting, power of attorney from £110 to £82, and likewise reducing the fee for a repeat application to register a lasting power of attorney from £55 to £41. 

According to the accompanying MoJ news release, the reduction has been made possible by the

"high number of applications OPG is processing and efficiencies which have driven down the cost of providing the service. Ministers hope that cutting fees will encourage even more people to take out LPAs, providing peace of mind for themselves and their families."

The news release also sets out some detail about refunds over the transitional period.

Any individual who recently submitted an LPA or EPA application with a payment of £110 paid after 1 April 2017 will get the difference refunded directly.

For those who applied through a third party such as a solicitor any refunds will be paid into the account of the person who paid the original fee. The solicitor will also be notified.
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