Asked by: Lee Barron (Labour - Corby and East Northamptonshire)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, if he will make an assessment of the rationale for requiring separate applications for a Health and Welfare Lasting Power of Attorney and a Property and Financial Affairs Lasting Power of Attorney, where both powers are granted to the same individual.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
A Lasting Power of Attorney (LPA) allows a person (the donor) to choose people they trust (the attorney) to make decisions for them should they lose the mental capacity to make their own decisions. The Mental Capacity Act 2005 provides the legal framework for LPAs, one for Property and Financial Affairs and one for Health and Welfare, reflecting their different scopes and use.
While donors often appoint the same attorney for both, the instruments remain separate to avoid confusion arising from the differing points to which each LPA can be used and ensures donors can make clear, informed decisions about each type of power. The Health and Welfare LPA may also contain sensitive health information which is not relevant for Property and Financial Affairs decisions. There were consultations in 2012 and 2013 which included proposals for a combined form but, in line with the responses, the Department did not proceed with this idea.
Asked by: Lee Barron (Labour - Corby and East Northamptonshire)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, when his Department will publish the conclusions of the consultation on the regulation of the debt enforcement sector.
Answered by Jake Richards - Assistant Whip
People in debt deserve to be treated fairly. That is why the Government is supporting the Enforcement Conduct Board’s work to make sure anyone facing enforcement action is treated fairly. We will respond to our consultation about regulation of the enforcement sector soon, which forms part of our wider work to build a more sustainable enforcement sector for everyone.