The Office of the Public Guardian (OPG) has issued new guidance about drafting lasting powers of attorney following criticism of delays, high prices and ‘daft’ bureaucracy (see [2009] Gazette, 29 January, 4).

The OPG protects the interests of the vulnerable, including those who have lost mental capacity through old age or illness. In October 2007, it replaced the enduring power of attorney (EPA) with the lasting power of attorney (LPA), which was supposed to give greater protection against fraud or duress. The new guidance, posted on the OPG website, aims to assist practitioners with FAQs and details of orders made by the Court of Protection.

Elainne Lawrie, head of probate at Wirral firm Lees Lloyd Whitley, said: ‘The guidance tells us what is and isn’t allowed, but doesn’t explain why the Mental Capacity Act 2005 is being interpreted in such a daft and intransigent way. Forms are still returned if one box is left unticked.’