1-2 of 2 results for subject:"Disclosure of information"
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Powers of attorney (2)
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To ask the Parliamentary Secretary, Lord Chancellor's Department what assessment he has made of the obligations to maintain accounts and other disclosures required of attorneys who have been granted enduring power of attorney. - Inc ref to Cm 3803 and Law Commission Reports 122, The Incapacitated Principal, and 231, Mental...
To ask the Parliamentary Secretary, Lord Chancellor's Department what assessment he has made of the obligations to maintain accounts and other disclosures required of attorneys who have been granted enduring power of attorney. - Inc ref to Cm 3803 and Law Commission Reports 122, The Incapacitated Principal, and 231, Mental...
Asked by
Mark Todd
(Labour)
Answered by
Geoffrey Hoon
(Labour)
Answering body
Lord Chancellor's Department
Type
Written questions
Status
Answered
Tabled on
27 July 1998
For answer on
31 July 1998
Answered on
31 July 1998
Mr. Todd: To ask the Parliamentary Secretary, Lord Chancellor's Department what assessment he has made of the obligations to
maintain accounts and other disclosures required of attorneys who have been granted enduring power of attorney. [53900]
Mr. Hoon: The Public Trust office acts as registration authority for Enduring Powers of Attorney (EPAs) under the Enduring Powers of
Attorney Act 1985.
Arrangements for keeping accounts of an Attorney's dealings under an unregistered EPA would be for the Donor and the Attorney to
decide, since an Attorney can act under an unregistered EPA only while the Donor maintains his mental capacity, and wishes the
Attorney to act for him. When the Attorney believes that the Donor is or is becoming mentally incapable, he has a duty to apply to
the Court of Protection to register the EPA. It is presumed therefore that this question refers to registered
EPAs.
The Attorney has a duty under common law to keep accounts of his transactions involving the Donor's money. However, the Act does not
require any routine checks on an Attorney's dealings with a Donor's estate. Nor does the Attorney have to prepare accounts in a
special form.
The Law Commission, who first proposed the legislation in their Report of 1983 (Law Com No. 122, The Incapacitated Principal),
recognised that to impose requirements to keep accounts would not only be a burden on the Attorney, but also an expensive charge on
the Donor's estate. The matter is thus let to the Court's discretion.
Under section 8(2) of the Act the Court may call for accounts to be submitted regularly at the time of registration, if the
circumstances of the individual case require it. It may also call for accounts to be submitted after registration, if it has reason
to inquire into an Attorney's dealings.
The Attorney has a duty of confidentiality to the Donor and there are no "other disclosures" required of him.
In 1995 the Law Commission produced a report called Mental Incapacity (Law Com No. 231) as part of their programme of law reform.
The Report covers a wide field, including EPAs. In recommends that a new form of Power of Attorney, to be called a "Continuing Power
of Attorney", should be introduced, which would enable an Attorney to deal with the Donor's personal and health care matters as well
as his financial affairs. A Green Paper, "Who Decides", was issued in December 1997; the consultation period closed at the end of
March 1998.
Legislation
Enduring Powers of Attorney Act 1985
Subjects
Disclosure of information; Law Commission; Mental capacity; Powers of attorney; Public Trust Office
Date
31 July 1998
Reference
317 c567-8W; 53900
House
House of Commons
To ask the Parliamentary Secretary, Lord Chancellor's Department, what national arrangements exist for the public registration of an individual's (a) will, prior to death, (b) enduring power of attorney and (c) advance directive.
To ask the Parliamentary Secretary, Lord Chancellor's Department, what national arrangements exist for the public registration of an individual's (a) will, prior to death, (b) enduring power of attorney and (c) advance directive.
Asked by
David Kidney
(Labour)
Answered by
Geoffrey Hoon
(Labour)
Answering body
Lord Chancellor's Department
Type
Written questions
Status
Answered
Tabled on
11 December 1997
For answer on
22 December 1997
Answered on
22 December 1997
Mr. Kidney: To ask the Parliamentary Secretary, Lord Chancellor's Department what national arrangements exist for the public
registration of an individual's (a) will, prior to death, (b) enduring power of attorney and (c) advance directive. [20969]
Mr. Hoon: I can confirm that no national arrangements exist for the public registration of an individual's will prior to death.
However, my hon. Friend may be interested to know that The Council of Europe Convention on the Establishment of a Scheme of
Registration of Wills was signed by the United Kingdom on 16 May 1972. Each contracting state was required to set up a scheme
whereby a limited category of wills must be registered in that state, and may be registered in any other contracting state. Sections
23-28 of the Administration of Justice Act 1982 were introduced to enable the UK to ratify the Convention. However, the relevant
sections of the Act have not been brought into force.
Section 4(1) of the Enduring Power of Attorney Act 1985 imposes upon the Attorney a duty to apply to register the Power with the
Court of Protection when he or she has reason to believe that the Donor is or is becoming mentally incapable. The Court maintains a
register of such cases.
On payment of a fee any person is entitled to request the Court to search the register and say whether an Enduring Power of Attorney
has been registered. The Court may supply any person with an office copy of the Power if it is satisfied that he has a good reason
for requesting a copy and cannot reasonably obtain one from the Attorney.
While the Donor remains capable there is no obligation for the Attorney to apply for registration. There is no central register held
in respect of these Powers.
There is no national arrangement in existence for the public registration of an individual's advance directive. Those making advance
directives should let people close to them know of their decisions.
Subjects
Disclosure of information; Powers of attorney; Living wills; Wills
Date
22 December 1997
Reference
20969; 303 c397W
House
House of Commons