Who Is the Offfice of the Public Guardian?

Squiggle Support Team

Last Update 2 months ago


Note: The following article is part of our Complimentary Articles Series, designed to provide additional insights and detailed information on specific topics within estate planning.


Alongside this article, we suggest exploring our pillar articles for a comprehensive understanding of general legal issues related to estate planning.


  • What Is a Lasting Power of Attorney?
  • How Long Does a Lasting Power of Attorney Last?
  • At What Age Should I Consider a Lasting Power of Attorney?
  • What is the Difference Between the Court of Protection and a Lasting Power of Attorney?




WHO IS THE OFFICE OF THE PUBLIC GUARDIAN?


The Office of the Public Guardian (OPG) is pivotal to decision-making on financial, health, or personal welfare matters for people who have lost the capacity to think for themselves.


The OPG is an executive agency sponsored by the Ministry of Justice and can make legally binding decisions in line with the Mental Capacity Act of 2005.




THE OPG'S ROLE


The OPG's primary duty is to supervise the process of appointing Deputies who will make necessary financial, health, and personal welfare decisions on behalf of individuals who've lost the mental capacity to do so.


This appointment process is a crucial part of overseeing a Deputyship Order. When someone is unable to manage their own affairs, a "Deputy" steps in to provide a vital service by seeing to it that their personal welfare and financial stability are maintained.


If you're unfamiliar with this subject and wish to know more, we recommend our related article, "What Is a Deputyship Order?" to familiarise yourself with the circumstances under which this is required and the process of applying for one.




THE OPG'S DUTIES BEYOND DEPUTYSHIP


In addition to overseeing appointments of Deputyships, the OPG carries several other significant duties:


  • Power of Attorney Registration: The OPG also oversees the registration process of Enduring Powers of Attorney (EPAs) and Lasting Powers of Attorney (LPAs). The authentication process of these documents and the authorisation of individuals to make decisions on behalf of someone else prior to loss of mental capacity are critical elements in the role of the OPG.


  • Safeguarding Role: The OPG also serves as a safeguarding entity and has the authority to investigate disputes or accusations of mistreatment by an appointed Attorney. Should the OPG conclude that an Attorney is not acting in the best interests of the individual they represent, it has the authority to step in and remove the Attorney from their position to prevent further harm or exploitation.




THE APPLICATION PROCESS


To seek a Deputyship Order (or register an LPA), the required forms and supporting documentation must be submitted to the OPG.


However, given the context of the application, be aware that the application process is rigorous, and the OPG will exert tremendous scrutiny to meet all legal criteria.


You should also prepare for substantial costs, typically ranging between £2,000 and £3,000, and you should prepare for rigorous background checks to ensure there is no criminal record and your financial history is reliable and stable. The process can also take several months to complete.




Need to know more?

If you find yourself needing to apply for a Deputyship Order, it's usually because you don't already have an LPA in place. Under these circumstances, you might want to consult with a legal professional who can guide you through the application process. If you're a Squiggle client or you don't have a lawyer, contact us, and we'd be happy to put you in contact with one of our legal advisors.


If you're not in this situation but consider this a possibility in the future, you might want to consider a Lasting Power of Attorney (LPA), which is a more pre-emptive and proactive tool, providing a more cost-efficient, less stressful way of handling your affairs should such circumstances arise one day.


Book a callback, and we'd be happy to arrange a no-cost, no-obligation discussion with you to lay out the options available.


Alternatively, call us on 01233 659 796.


Or reach out to us here.



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