Fast-Track Register Search To Help Those Lacking Mental Capacity
At the end of March 2021, the Office of the Public Guardian launched a brand-new service designed to assist anyone working for the local authorities, social services, NHS, police or other relevant organisations who deal with vulnerable adults.
The new register service provides these bodies with rapid information about who to support them in making urgent decisions about the at-risk people in their care. Our deputyship solicitors Essex team understands that staff are able to query the OPG register for the following types of information including:
- If a deputyship, or Lasting Power of Attorney/Enduring Power of Attorney is in place regarding a person’s finances, health, welfare or property
- Contact details of any named deputies or those with power of attorney set up by deputyship solicitors
- Court order date or registration date for COP or LPA/EPA
- Applicable restrictions on the court order or power of attorney
- If an attorney or deputy is able to refuse life sustaining treatment on the vulnerable person’s behalf
- If multiple deputies or attorneys have been selected, if they should act jointly
- If the court orders have expired or been cancelled or revoked
What Is Deputyship Order?
A deputy can be appointed by the Court of Protection to take legal responsibility for anyone vulnerable who lacks the ability to make sound decisions of their own. If there is no power of attorney or deputyship already in place, then the court will outline the deputy’s powers accordingly.
This type of action could be taken in an unexpected incident such as if a person experiences a stroke, dementia or any loss of brain function which would render them unable to make their own decisions. If planning your power of attorney in advance of any significant event occurring, then deputyship solicitors in Essex can provide valuable advice about choosing an appropriate individual to manage your affairs.
When Should The OPG Register Be Accessed?
Due to the nature of confidential and sensitive data held on the OPG register, there are strict regulations surrounding when it should be accessed. The protocol stipulates that it should only be used when a member of a relevant authority needs to make an urgent decision about someone in their care. Examples include:
- If a best interest decision regarding medical treatment is required, including life sustaining treatment and the COVID-19 vaccine
- If a person may need to be moved out of hospital to another setting in order to release the bed
- To seek contact details for people with LPA/EPA or deputyship rights
- To determine if an LPA/EPA or deputyship exists in the case of financial abuse investigations
It’s always best to arrange a Lasting Power of Attorney whilst you are young and healthy. If you would like to learn more about LPA/EPAs and deputyships, then please get in touch with our experienced deputyship order UK team. We’ll provide you with peace of mind that your affairs will be looked after, regardless of what the future holds. Call Hook & Partners today on 01268 692 255 or email info@hookandpartners.com.