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      How to check if a Covid-19 patient has an Attorney or Deputy?

      16 April 2020 by Jane Golding

      Jane Golding
      attorney deputy

      In an update published by the Office of the Public Guardian (OPG) just prior to the Easter holidays, they confirmed that they hold a “Register” of everyone who has a lasting or enduring power of attorney (LPA or EPA) or who has a deputy acting for them. This can be searched to find the contact details of those involved.

      How would you go about checking to see whether a loved one, family or friend has a registered Lasting Power of Attorney, Enduring Power of Attorney or Court of Protection Order?

      Since the Covid-19 outbreak, there have been a number of urgent requests to search the database for people who have lost mental capacity. The OPG have responded quickly to requests, with a process specifically for patients incapacitated by Covid-19.

      The OPG require you to contact them via email: [email protected] with the following information:

      1. The Subject line of your email must state “Covid-19”.
      2. Complete Annex “A” (see below) adding the individual’s details
      3. Your email signature, including your job title and team

      The email MUST be sent from an official email address, for example, @nhs.uk or @ gov.uk. The OPG will be unable to accept personal email addresses. The OPG aims to respond to requests within 24 hours Monday-Friday. Requests made over the weekend will be dealt with on the Monday as a priority.

      Requests that are not for Coronavirus patients will be dealt with in the standard process, this is 5 working days.

      The information you will receive, you will be told whether an LPA, EPA, or Deputyship Court Order is in place. Where there is one in place, you will be told:

      • If it is for Health & Welfare (some relate only to Property & Financial Affairs)
      • The date it was registered (LPA or EPA) or the date of the Court Order
      • Names and contact details of Attorney(s) or Deputies
      • If there are any restrictions on the powers of the Attorney or the Court Order
      • If an Attorney has authority over life-sustaining treatment for the Donor
      • Where there are multiple Attorneys or Deputies, how they are appointed to act
      • If the LPA, EPA or Deputyship has been cancelled, revoked or expired
      • The expiry date of any Court Order

      Annex A

      Dear OPG

      Please search the OPG registers for any instrument for this person:

      Name:
      Date of Birth:
      Address:

      I require this information to assist with: (delete as applicable)

      • moving this person out of hospital care to an alternative setting in order to release their bed for care of patients affected by Covid-19
      • ascertaining best interest treatment decisions for an individual who is in hospital due to infection with Covid-19
      • ascertaining best interest decisions for an individual affected by Covid-19 whilst undertaking my statutory safeguarding duty

      If Fisher Jones Greenwood can assist you, your spouse, civil partner, family, or friends in an Application for Lasting Power of Attorney, then please feel free to contact us on 01206 700113 or email [email protected] to arrange an appointment.

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      Fisher Jones Greenwood is the trading name of Fisher Jones Greenwood LLP, a Limited Liability Partnership authorised and regulated by the Solicitors Regulation Authority and registered in England ( Number: OC305854 ). A list of members is available for inspection at the registered office at Charter Court, Newcomen Way, Colchester Business Park, Colchester, Essex CO4 9YA

      We are open for business and working remotely

      Here at Fisher Jones Greenwood Solicitors we would like to reassure all our existing and future clients that even in these uncertain and difficult times we are able to assist you with your current and future legal requirements.

      Like so many others, we are constantly monitoring and acting on Government advice and guidelines and as such our offices are temporarily closed to the public. You may, if you wish, visit our offices to post any correspondence and documents through letter boxes.

      As a result of our commitment to innovation and technology, we can and are maintaining a full service, albeit remotely, with all appointments being held digitally or via the telephone. Our case management system enables us to have full access to your electronic file from any location and we have a core team of staff processing all incoming post directly onto your file so that your legal adviser can continue to work with you. We are pleased to say that we do not currently anticipate any disruption to your matter.

      Please do not hesitate to contact your legal adviser by email or by telephone should you have any worries or concerns. Alternatively, please call our main switchboard number (01206 835300) and a message to return your call will be by relayed to the relevant person.

      Finally, everyone at FJG would like to wish you, your families and your colleagues well throughout this current crisis.

      Best wishes
      Paula Cameron
      Managing Partner