The OPG is the Office of the Public Guardian. Its remit is to help people in England and Wales maintain control over decisions regarding their health and finances and to make decisions for those who lack the mental capacity to do so. It supports individuals in planning for this eventuality by registering lasting powers of attorney, or LPAs, which enable them, as the “donor” of the power, to appoint people they trust to make decisions on their behalf.
The growing use of LPAs
The number of people making LPAs is rising every year and the ease with which it’s possible to make an LPA online may be one reason for this increase. It can be done by the donor themselves or through a professional service such as https://powerofattorneyonline.co.uk/.
The OPG’s legal authority
Under the Mental Capacity Act 2005 and Guardianship Act 2017, the OPG is responsible for the registration of attorneys appointed under LPAs, deputies and guardians, as well as the supervision of court-appointed deputies to ensure they fulfil their legal duties. It investigates reports of abuse and other concerns about the people performing these functions and takes appropriate action to protect the vulnerable.
Specific responsibilities include the maintenance of public registers, the investigation of alleged misconduct, and the enforcement of deputies’ obligations to submit financial reports for scrutiny and review. The OPG also addresses worries raised by family members or public services about the conduct of attorneys.
The OPG prioritises the understanding of customer needs, the expansion of digital services and the improvement of accessibility to legal protection.
