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