Part 2The Court of Protection and the Public Guardian
The Public Guardian
58Functions of the Public Guardian
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 of Protection Visitor to visit—
i
a donee of a lasting power of attorney,
ii
a deputy appointed by the court, or
iii
the person granting the power of attorney or for whom the deputy is appointed (“P”),
and to make a report to the Public Guardian on such matters as he may direct,
e
receiving security which the court requires a person to give for the discharge of his functions,
f
receiving reports from donees of lasting powers of attorney and deputies appointed by the court,
g
reporting to the court on such matters relating to proceedings under this Act as the court requires,
h
dealing with representations (including complaints) about the way in which a donee of a lasting power of attorney or a deputy appointed by the court is exercising his powers,
i
publishing, in any manner the Public Guardian thinks appropriate, any information he thinks appropriate about the discharge of his functions.
2
The functions conferred by subsection (1)(c) and (h) may be discharged in co-operation with any other person who has functions in relation to the care or treatment of P.
3
The Lord Chancellor may by regulations make provision—
a
conferring on the Public Guardian other functions in connection with this Act;
b
in connection with the discharge by the Public Guardian of his 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 fees which may be charged by the Public Guardian;
c
the way in which, and funds from which, such fees are to be paid;
d
exemptions from and reductions in such fees;
e
remission of such fees in whole or in part;
f
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.
5
For the purpose of enabling him to carry out his functions, the Public Guardian may, at all reasonable times, examine and take copies of—
a
any health record,
b
any record of, or held by, a local authority and compiled in connection with a social services function, and
c
so far as the record relates to P.
6
The Public Guardian may also for that purpose interview P in private.