The Office of the Public Guardian, or OPG, is an executive agency sponsored by the UK Ministry of Justice. Its primary role is to ensure people in Wales and England are helped to remain in control when it comes to decision making about their finances and health and assist when people cannot make these decisions themselves.
The OPG will supervise deputies and investigate any complaints about attorneys or deputies. It also maintains registers of enduring powers of attorney and lasting powers of attorney.
Supervision and support
All Court of Protection-appointed deputies are supervised by the OPG and are usually asked to send in annual financial accounts. This allows the office to independently assess transactions and decisions and make sure that deputies act in the person’s best interests.
OPG representatives may also visit deputies to ensure they understand the scope of the authority they have and their legal obligations. If concerns arise, the OPG can investigate the conduct of attorneys and deputies. This may be because of allegations of fraud or financial mismanagement. If legitimate concerns arise, the OPG may apply to the UK Court of Protection, which can lead to the replacement of a deputy.
Power of attorney registers
Under the Mental Capacity Act 2005, the OPG has a legal duty to have a register of all lawful enduring powers of attorney and lasting powers of attorney. Registration automatically allows the OPG legal rights to investigate complaints and concerns. These may be raised by anyone, from concerned friends and family members to official agencies such as social care. The OPG also carries out the legal functions of the Guardianship Missing Persons Act 2017.
To find out more about LPAs or if you are looking for a UK power of attorney click here.
The registration of a UK power of attorney helps to ensure there is an official and legal record of who someone has chosen to make decisions on their behalf if they lose capacity or find themselves unable or unwilling to make decisions.