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Mental Capacity Act (Northern Ireland) 2016

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This is the original version (as it was originally enacted).

Functions of the Public Guardian

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126.—(1) The Public Guardian has the following functions—

(a)establishing and maintaining a register of lasting powers of attorney;

(b)establishing and maintaining a register of orders appointing deputies;

(c)supervising deputies appointed by the court;

(d)directing a Court Visitor to visit—

(i)a person who is an attorney under a lasting power of attorney,

(ii)a deputy appointed by the court, or

(iii)a person who proposes to grant or has granted a lasting power of attorney or for whom a deputy is appointed (“P”),

and to make a report to the Public Guardian on such matters as the Public Guardian may direct;

(e)receiving security which the court requires a person to give for the performance of functions;

(f)receiving reports from persons who are attorneys under lasting powers of attorney and deputies appointed by the court;

(g)reporting to the court on such matters relating to proceedings under this Act (except proceedings under Part 10) as the court requires;

(h)dealing with representations (including complaints) about the way in which powers of an attorney under a lasting power of attorney or of a deputy appointed by the court are being exercised;

(i)publishing (in any way the Public Guardian considers appropriate) any information the Public Guardian considers appropriate about the performance of the Public Guardian’s functions.

(2) The functions conferred by subsection (1)(c), (d) and (h) may be performed in co-operation with any other person who has functions in relation to the care or treatment of P.

(3) The Department of Justice may by regulations make provision—

(a)conferring on the Public Guardian other functions in connection with this Act;

(b)in connection with the performance by the Public Guardian of his or her functions.

(4) Regulations made under subsection (3)(b) may in particular make provision as to—

(a)the giving of security by deputies appointed by the court and the enforcement and discharge of security so given;

(b)the way in which, and funds into which, fees which may be charged by the Public Guardian under section 116 of the Judicature (Northern Ireland) Act 1978 are to be paid;

(c)the making of reports to the Public Guardian by deputies appointed by the court and others who are directed by the court to carry out any transaction for a person who lacks capacity.

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