The Act creates important safeguards:
- A new Court of Protection that will have the power to make declarations about whether someone lacks capacity, make orders or appoint deputies to act and make decisions on behalf of someone who lacks capacity. On many occasions there may be other ways of dealing with difficult situations without having to go to Court, such as via existing complaints procedures.
- A new public official called the Public Guardian who will have several duties under the Act including registering Lasting Power of Attorneys and supervising court-appointed deputies. The Public Guardian will be supported in carrying out these duties by a new Office of the Public Guardian (OPG) which will replace the existing Public Guardianship Office (PGO).
- A new criminal offence of ill treatment or wilful neglect of a person who lacks capacity.
Code of Practice
The Code of Practice, published in April 2007, explains how the new law will work. The Act says professionals and paid carers, among others, must have regard to the Code.
