Public Guardian (Fees, etc) (Amendment) Regulations 2009

These Regulations, in amending the Public Guardian (Fees, etc) Regulations 2007, amend the fees to be charged for the services provided by the Public Guardian: the LPA fee is reduced from £150 to £120; a new fee for EPA and LPA office copies is introduced; the Deputy Assessment fee is reduced to £100; the Deputy Supervision fees remain, with an additional level of supervision Type IIA attracting a £350pa fee.

Extract from Explanatory Memorandum

The following are amendments to the original statutory instruments.

• The certified copy of a document fee is to be abolished as the fee has not been raised since the new Court of Protection came into existence in October 2007, furthermore within the Court rules and practice directions for the Court there is no requirement to provide a certified copy.

• The existing LPA fee is to be reduced to £120.00. The overall reduction in the price is funded as a result of the increased volume of applications beyond projections.

• A new fee relating to EPA and LPA office copies is to be introduced. The Office of the Public Guardian does not normally provide office copies of EPAs or LPAs as certified copies can usually be obtained from Solicitors. On occasions where there is no alternative to an office copy being obtained, the Public Guardian will exceptionally provide an office copy. In those circumstances the fee will be payable to offset the cost of producing the office copy.

• The Deputy Assessment fee is to be reduced to £100.00.

• The Deputy Supervision fees are to remain with the inclusion of an additional level of supervision Type IIA attracting a fee of £350.00 per annum.

• The exemptions and remission policy is altered to introduce the new income related Employment and Support allowance as part of the exemptions for both the Court of Protection and the Office of the Public Guardian.

Footnote

LEGISLATION DATABASE

Full text: Legislation.gov.uk

Type: UK Statutory Instrument🔍

Year: 2009🔍

Number: 514

Subject: Mental Capacity Act 2005 secondary legislation - Public Guardian and Court of Protection🔍

What links here:

• Public Guardian (Fees, etc) Regulations 2007
• Court of Protection Fees (Amendment) Order 2009