The Role Of The OPG

The Office of the Public Guardian (OPG) deals with the legal documentation that allows someone to legally act on behalf of another for property and financial affairs, and/or to make decisions regarding their health and welfare.

What documents are included?

• Registering Lasting Powers of Attorney (LPAs);
• Registering Enduring Powers of Attorney (EPAs); and
• Supervising Deputies appointed by the Court of Protection.

The OPG governs how each of the documents works, to what extent, and also provides guidance and support to donors, attorneys, and deputies. They keep a register of all the registered LPAs, EPAs and Deputies. The government body can also open investigations into attorneys and deputies if they suspect a donor is being abused or harmed through the misuse of one of the above documents.

What happens if the powers of attorneys abuse their power?

Attorneys and deputies can be reported to the OPG if there is a suspicion that they have acted outside the scope of their powers or abused their positions in any way. In more serious cases, this may lead to Court of Protection proceedings being initiated by the OPG which can result in defaulting attorneys or deputies being ordered to repay sums, or even for them to be removed from their role.

When being investigated by the OPG, it is important for deputies and attorneys to be open and give full disclosure. Appearing to withhold information or documents can create additional difficulties especially if a Court application follows. In circumstances where attorneys or deputies are unsure about the validity of their own actions, or issues the OPG has raised, legal advice should be sought in the first instance. It is possible sometimes to apply to the Court of Protection to seek retrospective approval of decisions that have been taken (provided these are reasonable and seen to be within the protected party’s best interests) or, if appropriate, to have a deputyship order amended to expand their powers when dealing with a protected party’s assets and finances.

Office of the Public Guardian annual report and accounts 2020-2021 

The OPG is not immune from criticism. The OPG revealed in their latest annual report that they have received complaints about delays in answering correspondence and progressing investigations. However, the supervisory role the OPG plays is vital in circumstances where vulnerable individuals may be subject to abuse.

The delays many have encountered are understandable given the volume of applications that the OPG must deal with. The OPG reported that it had received 691,746 applications to register LPAs and EPAs from 2020 to 2021. With an ageing population, advancing technology, and more people staying at home due to Covid-19, it wouldn’t be far-fetched to expect this number to increase in the next few years.

Given the pressures on the OPG in such times, applications need to be completed and submitted as accurately as possible to save delays and rejections. Deputyship applications are particularly costly and time-consuming, without any guarantee that the Court of Protection will give their approval, especially when the appointment is contested but notifying the OPG in advance can be very helpful. Understanding the reasons behind a possible objection can save time later and ensure that prospective deputies and attorneys receive the best advice as early as possible.