The Mental Capacity Act 2005 (the Act) includes provision for people to be able to make a lasting power of attorney (LPA) to give another person authority to make decisions relating either to their property and affairs or their personal welfare should they lack the capacity to make decisions themselves at some time in the future.

The Act also created the OPG whose role is to register LPAs, the supervision of deputies appointed by the Court of Protection and the investigation of concerns about a deputy or attorney.  

The OPG was intended to be 100 per cent fee funded, however there has been a significant increase in the number of applications made, which have reached 166,000 this year as opposed to 126,000 last year. As a result the OPG ran a consultation earlier this year on changes to the fee structure. That process has now been concluded and as a result the following changes have been confirmed:  

  • an increase in the LPA/enduring power of attorney (EPA) application to register fee from £120 to £130;
  • the introduction of a new “repeat application fee” of £65 each time an LPA is resubmitted to the OPG within three months of the invalid application being sent back to the applicant;
  • the cessation of the production of LPA office copies by the OPG, except in extreme and limited circumstances, and for a fee of £35;
  • the removal of the application to search the registers fee;
  • the replacement of type 1, 2A and 2 supervision fees with a flat fee of £320;
  • the introduction of an administration fee of £35 (to which exemptions will be available) for those requiring the minimal level of supervision;
  • the rise of the maximum threshold of capital for those cases qualifying for minimal supervision from £16,000 to £21,000 over a period of four years;
  • the introduction of a new fee remissions policy of 50 per cent for those who have a gross income of up to £12,000; and
  • the renaming of a number of OPG fees in order to make it clearer what they cover.  

This list was taken directly from the text of an email from the Mental Capacity Act Update E bulletin circulated by the OPG.

The formal Government response is available here.