MCA 2005 s58

Law as at 1/5/09

Part II contents: 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61

All Parts: I, II, III, Schedules

Without commentary: Plain text,


Functions of the Public Guardian

58.—(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) any record held by a person registered under Part 2 of the Care Standards Act 2000 (c. 14),

so far as the record relates to P.

(6) The Public Guardian may also for that purpose interview P in private.


The Mental Capacity Act 2005 has been fully in force since 1 October 2007. For details of proposed amendments, see Mental Health Act 2007.