One of the problems with wider use of the law (ie why so many legal problems are simply ignored by those they affect) is that it is SO expensive in the eyes of the consumer to make use of 'professionals'. How much skill do you need to witness a signature? Yet go to a notary and oyu'll be relieved fo £40 or so (i.e. four times what the average person earsn an hour) for about 2 minutes of witnessing. Where's the public interest in that?
The way to make the law a better business to be in is to make it accessible (read inexpensive) enough for people to actually buy legal services on a preventative, not a disaster-management basis.
Tescolaw will make the market bigger and better for well-organised firms - a bigger market gives bigger opportunities and driving unnecessary costs out of the system creates a bigger market (if you haven't got an economics degree, well just look at aviation, IT, the motor industry,to name but 3, which have seen consistently falling real prices and massive growth). What say you??
The important thing is that important decisions are made by people who know what they are doing, can take responsibility and be held liable for them. The industries you mention are all heavily controlled. You would not ask a shop keeper or an MP to fly a plane or repair a car or fix your network server, so why ask them to make decisions for which they have no training? The proposals delegate great responsibilities without requiring a duty of care which is reckless to say the least. Expense is a factor but the core requirements are bound to have a cost.
18/5/06 4:17 PM
I attended a seminar this week about the Mental Capacity Act 2005 (the MCA) and the speaker expressed the opinion that some members of the government were trying to reduce the influence of the professions. Some politicians believe that the professions are not significant and that professionalism is not important. In support of this statement he produced some astonishing evidence.
The MCA creates a new sort of Power of Attorney called a Lasting Power of Attorney. This is given by the Donor while they have the mental capacity to do so and then comes into effect only when the Power is registered with the Court of Protection, something which will often (but not necessarily) happen after the person has lost mental capacity. The power includes provisions about personal care and can even involve the Attorney in decisions about the disconnection of life support machines. It is therefore considered to be very important that everyone accepts that the person actually did have full mental capacity at the time when the Power was granted. To this end the form incorporates a new certificate to that effect which has to be signed at the time the power is made.
A rather vital and crucial certificate you would have thought and absolutely essential to make sure that it is done properly and professionally. This certificate might be your death warrant! You would surely want to be sure that the person giving it was truly competent and professional. "Not so" says the government, "anybody can do it!"
The consultation paper included a draft prescribed form which set out the proposed list of people qualified to sign this life or death certificate. Here is the list, in the order suggested: anybody (yes, whatever his or her qualification) who has known you for at least 2 years or [no matter how long they have known you] a local business person or shopkeeper; a registered social worker; a General Practitioner (GP) or any other registered Medical Health Care Professional; a police officer; a bank or building society officer; a solicitor, barrister, magistrate or Justice of the Peace; a librarian; a minister of religion; a professionally qualified person, for example, a teacher or engineer; a local authority councillor; a civil servant; a Member of Parliament (MP) or Member of the European Parliament. (MEP) And is NOT a relative of the donor; a husband, wife or civil partner of the donor; a person who has lived with the donor as husband or wife or as civil partner for two years or more; an attorney appointed under this form or any other LPA or any other enduring power of attorney; a current paid carer; the manager or an employee of the care home where the donor resides; and a person named on the form to be notified of an application to register this LPA. (Notice the absence of relatives of the donee of the power from this exclusion list!)
I've got nothing against shopkeepers, but would you let the manager of your local Tesco decide if you had mental capacity to do anything?
Apparently this prevision has caused a lot of controversy. The consultation period is over now and the results are awaited. But doesn't the very fact that this decision, this vital decision, has been taken out of the hands of true professionals, with all the accountability and competence which that entails, convince you that the government does not like professionals of any type?
Here are the consultation papers: http://www.dca.gov.uk/consult/powerattorney/cp0106.htm
posted by Steve Butler, UKlawyers at 22:20 on 12-May-2006
"A New Meaning for TescoLaw?"
3 Comments -
OK Steve, let's debate...
One of the problems with wider use of the law (ie why so many legal problems are simply ignored by those they affect) is that it is SO expensive in the eyes of the consumer to make use of 'professionals'. How much skill do you need to witness a signature? Yet go to a notary and oyu'll be relieved fo £40 or so (i.e. four times what the average person earsn an hour) for about 2 minutes of witnessing. Where's the public interest in that?
The way to make the law a better business to be in is to make it accessible (read inexpensive) enough for people to actually buy legal services on a preventative, not a disaster-management basis.
Tescolaw will make the market bigger and better for well-organised firms - a bigger market gives bigger opportunities and driving unnecessary costs out of the system creates a bigger market (if you haven't got an economics degree, well just look at aviation, IT, the motor industry,to name but 3, which have seen consistently falling real prices and massive growth).
What say you??
15/5/06 12:02 PM
need to post your atom/rss feed link
16/5/06 4:54 PM
The important thing is that important decisions are made by people who know what they are doing, can take responsibility and be held liable for them. The industries you mention are all heavily controlled. You would not ask a shop keeper or an MP to fly a plane or repair a car or fix your network server, so why ask them to make decisions for which they have no training? The proposals delegate great responsibilities without requiring a duty of care which is reckless to say the least. Expense is a factor but the core requirements are bound to have a cost.
18/5/06 4:17 PM