Office of the Public Guardian (England and Wales)

The Office of the Public Guardian (England and Wales) (OPG) is an executive agency of the Ministry of Justice responsible for registering lasting powers of attorney (LPAs) and enduring powers of attorney (EPAs) and supervising deputies appointed by the Court of Protection. It supports and protects adults who lack the mental capacity to make certain decisions for themselves.

Specifically, the OPG's key functions include:

• Registering Lasting Powers of Attorney (LPAs): LPAs allow individuals (the 'donor') to appoint someone (the 'attorney') to make decisions on their behalf if they lose mental capacity. The OPG registers LPAs, ensuring they meet legal requirements.
• Registering Enduring Powers of Attorney (EPAs): EPAs are older versions of LPAs, and the OPG continues to register and supervise them.
• Supervising Deputies: The Court of Protection appoints deputies to make decisions for individuals who lack capacity and haven't made an LPA or EPA. The OPG supervises these deputies to ensure they act in the best interests of the person they represent. This supervision may involve receiving reports from deputies, investigating concerns raised about their actions, and referring matters to the Court of Protection where necessary.
• Maintaining Registers: The OPG maintains public registers of registered LPAs, EPAs and Court appointed deputies.
• Providing Guidance and Information: The OPG provides information and guidance to the public, attorneys, deputies, and professionals about mental capacity, LPAs, EPAs, and the role of deputies.
• Investigating Concerns: The OPG investigates concerns raised about attorneys and deputies, particularly if there are suspicions of abuse or mismanagement.
• Safeguarding: A key focus is safeguarding vulnerable adults who lack capacity, ensuring that decisions made on their behalf are in their best interests.

The OPG operates under the framework of the Mental Capacity Act 2005. The Public Guardian is responsible for the overall management and operation of the OPG and is appointed by the Lord Chancellor. The Public Guardian has a duty to promote awareness of the Mental Capacity Act 2005 and the functions of the OPG. The OPG works closely with the Court of Protection and other relevant agencies.