draft Public Guardian (Fees, etc.) (Amendment) regulations 2017

Baroness Stuart of Edgbaston Excerpts

Tuesday 21st March 2017 General Committees

[Ms Gisela Stuart (Birmingham, Edgbaston) (Lab)]

I shall be very brief. I am grateful for the opportunity to speak. I declare an interest: I have been involved in arranging lasting power of attorney for a member of my family in the past 12 months. I am therefore slightly puzzled about how the Minister will alert people who may have overpaid to the opportunity to recover some of those fees, and I am still at a loss as to why the Government are actually making this change at this time.

[Dr Lee]

I thank hon. Members for their numerous questions. I view the establishment of the Office of the Public Guardian by the Labour Government 10 years ago as an indication of a civilised society. We recognise that, with increasing ageing and the consequent increase in dementia and various other ailments that impair function, we, as individuals, will have to take some really challenging decisions about advance directives on care and, indeed, our financial affairs. The Department was found to have failed—this was a shared mistake of Labour and Conservative Governments—in not predicting that society would age. In response to such an obvious and simplistic mistake, I have asked the Department to assure me that a similar situation is not developing with other Ministry of Justice fees.

To answer the question about awareness and uptake, the fact that 2.5 million LPAs have been taken out is an indication that people are aware of the provision. Despite that success, there was a campaign in 2015 to make people more aware. The details about refunds will be on the website and the Office of the Public Guardian will be responsible for administering the scheme. Those who are entitled to claim will be able to do so. We have estimated how much that might cost and expect to be in a position to fund it.

[Ms Stuart]

Thinking back to personal circumstances of making arrangements for someone, that member of my family is unlikely to go on the Office of the Public Guardian’s website to check whether the new arrangements mean that she is entitled to a refund. Surely the Office of the Public Guardian could write to affected individuals—the data must be available. Is there a practical approach?

[Dr Lee]

Yes, there is a practical approach, but in those situations, other family members are often aware of such a directive and can access the website, but I am happy to look at further details.