What Does the Office of the Public Guardian Do?

The Office of the Public Guardian, or OPG, is a government body in England and Wales that helps protect individuals who lack the mental capacity to make decisions for themselves. The OPG works behind the scenes to ensure any attorneys, deputies and others in a position of trust are acting in the best interests of the person lacking capacity.

Registers Lasting Powers of Attorney or LPAs

This is perhaps one of the most well-known roles of the OPG. A UK power of attorney is a document that allows an individual, sometimes known as the donor, to pick one or more people as their attorneys to make decisions on their behalf should they lose mental capacity. These decisions could be about financial matters or about the donor’s health and wellbeing, such as their medical treatment or care plan.

It’s the OPG’s role to check that the LPA is correctly completed and legally valid before it’s used – if you are looking for a UK power of attorney click here.

Supervises Deputies

If the Court of Protection appoints a deputy to manage someone’s affairs, the OPG will step in to supervise them. The OPG will make sure the deputy is following the rules. For example, they might check whether money is being responsibly managed and that decisions are being made in the person’s interests.

Investigates Concerns

If a concern or a complaint is raised about the behaviour or actions of a deputy or attorney, the OPG can step in and investigate this in full. It might be a complaint that money is being misused, decisions seem illogical, or perhaps the donor’s voice is being lost or ignored. The OPG has the legal powers it needs to demand information, visit people and refer concerns.

Keeps Records

The OPG holds and keeps the register of all LPAs and court-appointed deputies. Sometimes people, such as carers, hospital staff or family members, might want to access this information. It can be requested from the register to confirm that someone has the legal authority to act on behalf of another.