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NEWS
The Office of the Public Guardian (OPG) has updated its service status as of 21 August 2024 stating to allow up to 16 weeks from the receipt of the lasting power of attorney (LPA) for the application to be processed.
NEWS
The Office of the Public Guardian (OPG) has published a lasting power of attorney (LPA) communications toolkit, dated aimed at partner organisations and community networks. The toolkit comprises free resources including leaflets, videos, social media content and graphics, intended to assist organisations in disseminating information about LPAs to the public. The OPG notes that many individuals are unaware of LPAs or consider them relevant only later in life. Further guidance on LPAs, deputyships and the role of the OPG is available via the OPG blogsite.
NEWS
The Office of the Public Guardian (OPG) has published guidance in the form of the Deprivation of Liberty Safeguards (DoLS) Code of Practice for England and Wales. Issued under sections 42 and 43 of the Mental Capacity Act 2005 (MCA 2005), the Code provides guidance for professionals and organisations responsible for the care of individuals who may lack capacity to consent to their care arrangements. It sets out the circumstances in which a deprivation of liberty may occur, the legal criteria for authorisation and the roles and responsibilities of managing authorities and supervisory bodies. The Code also outlines the rights of individuals subject to DoLS, including rights to representation, review and challenge through the Court of Protection.
NEWS
The Office of the Public Guardian (OPG) has published guidance advising deputies and attorneys in England and Wales as to how they should approach giving gifts on behalf of the person they act for. The guidance explains the legal framework including the OPG’s approach and use of the criminal law where a deputy or attorney goes beyond their authority to give a gift. It further explains that gifts can only be provided in certain situations and if it is in the person’s best interests.
NEWS
The Office of the Public Guardian (OPG) has published comprehensive guidance on accessing the ‘Use a Lasting Power of Attorney’ (Use an LPA) service. This free online service, available to users in England and Wales, enables donors and attorneys to view LPAs electronically rather than relying solely on registered paper versions.
NEWS
The Office of the Public Guardian (OPG) has published guidance outlining its complaints procedure and feedback processes. The guidance sets out a ten working day timeframe for responses, with extensions permitted for complex investigations. It clarifies that the OPG handles complaints relating to its supervisory services but cannot consider matters involving decisions or processes of the Court of Protection or the High Court, as these fall outside its remit. Complaints regarding legal advice or services are also excluded and should instead be directed to the Solicitors Regulation Authority. The procedure establishes a two-tier escalation process, requiring initial complaints to be addressed before referral to the OPG's chief executive, with final recourse available through the Parliamentary and Health Service Ombudsman via MP referral.
NEWS
The Office of the Public Guardian (OPG) has published guidance, outlining the circumstances in which it cannot investigate concerns and the alternative courses of action available. The guidance clarifies that the OPG can only investigate concerns relating to individuals appointed to make decisions under a lasting power of attorney, enduring power of attorney, deputyship or guardianship arrangements. It sets out three scenarios where the OPG lacks investigative jurisdiction: (1) where concerns involve individuals who are not attorneys, deputies or guardians; (2) where the donor or protected person is deceased; or (3) where the donor or protected person retains mental capacity to make their own decisions. For each scenario, the guidance directs complainants to alternative remedies, such as contacting local authority social services, the police (via the non-emergency number), or, for estate-related matters, executors of wills or the Probate Service.
NEWS
The Office of the Public Guardian (OPG) has published updated guidance detailing its position on managing client accounts for individuals subject to a deputyship order. It explains the use of client accounts to administer deputyship funds and clarifies how deputies should operate within the framework of the Mental Capacity Act 2005 (MCA 2005), the Solicitors Regulation Authority Accounts Rules 2011 (SARs) and the MCA Code of Practice. In addition, the update confirms that OPG does not object to the temporary use of a general client account for ongoing transactions while a separate deputyship account is being set up.
NEWS
The Office of the Public Guardian (OPG) and Senior Courts Costs Office (SCCO) have jointly published updated guidance on professional deputy costs. The revised guidance provides enhanced direction for professional deputies on submitting estimates of costs and bills for assessment to the Court of Protection (CoP). The guidance clarifies what items can be claimed within general management bills and applies to professional deputies operating in England and Wales.
NEWS
The Office of the Public Guardian (OPG) has published its updated guidance for attorneys managing property and financial affairs under lasting powers of attorney (LPA) in England and Wales. The revised guidance, provides detailed information on attorney duties, decision-making processes, and financial management responsibilities. Key areas covered include: helping donors make decisions, managing finances, gift-giving restrictions, and working with other attorneys. The update also includes amended contact centre information and international calling numbers. The guidance applies to attorneys acting under property and financial affairs LPAs, covering areas such as bank account management, benefits administration, bill payments, and property transactions.
NEWS
The Office of the Public Guardian (OPG) has updated its guidance on registering lasting powers of attorney (LPA) to include additional contact details. The update, dated 26 June 2025, introduces an international telephone number and Relay UK service information to enhance accessibility. The guidance now specifies that the contact centre operates Monday to Friday, from 9:30 am to 3:30 pm, excluding a break on Wednesdays between 11:00 am and 12:00 pm. These changes are designed to improve service accessibility for international callers and individuals using assistive communication services.
NEWS
The Office of the Public Guardian (OPG) has updated its guidance document, 'Making decisions: who decides when you can't?' This guidance details how the Mental Capacity Act 2005 (MCA 2005) affects individuals who have lost mental capacity. The update adds contact centre information and international contact numbers to the existing guidance, which assists individuals in planning for a potential future loss of decision-making capacity. The guidance, applicable in England and Wales, continues to provide valuable information on health, welfare, and financial decision-making processes under the MCA 2005..