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Office of the Public Guardian (OPG)

Also known as: OPG

Definition

The Office of the Public Guardian (OPG) is the UK government body that registers Lasting Powers of Attorney, supervises court-appointed deputies, and protects people who may lack mental capacity to make certain decisions.

Understanding the OPG is essential if you're creating an LPA because your LPA cannot be used until the OPG registers it—a process that takes 8 to 10 weeks.

What Does Office of the Public Guardian (OPG) Mean?

The Office of the Public Guardian is an executive agency of the Ministry of Justice, established in October 2007 under the Mental Capacity Act 2005. The OPG serves England and Wales and operates under the authority of the Public Guardian, a statutory officer appointed by the Lord Chancellor. Its primary purpose is to protect people who lack mental capacity and to oversee those making decisions on their behalf.

The OPG has three core functions that touch most people creating LPAs. First, it registers Lasting Powers of Attorney and maintains a public register of all registered LPAs. When Sarah, 68, created an LPA appointing her daughter Emma as attorney for property and financial affairs, she sent the completed form to the OPG with the £82 registration fee. The OPG processed the application in 9 weeks, checking for errors and verifying signatures before registering it in March. The LPA couldn't be used until the OPG completed this registration process.

Second, the OPG supervises court-appointed deputies—people the Court of Protection appoints to make decisions for someone who permanently lacks capacity. Deputies must submit annual reports and financial accounts to the OPG, who reviews their performance and can direct Court of Protection Visitors to check on arrangements. Finally, the OPG investigates concerns about attorneys or deputies who may not be acting in someone's best interests. When David's nephew Tom was appointed as his attorney, David's relatives became concerned that Tom was using David's savings for his own benefit. They reported their concerns to the OPG. After investigating and finding evidence of financial abuse, the OPG referred the case to the Court of Protection, which removed Tom as attorney.

The OPG handles administration while the Court of Protection makes legal decisions. This is a crucial distinction—the OPG cannot provide legal advice or override attorney decisions. Only the Court of Protection has the power to make legal decisions about capacity, remove attorneys, or reverse their decisions. From 17 November 2025, the registration fee will be £92 per LPA, with fee reductions available for people with income under £12,000 per year.

Common Questions

"How long does it take the OPG to register my Lasting Power of Attorney?" The Office of the Public Guardian takes 8 to 10 weeks to process and register an LPA if there are no mistakes in the application. From 17 November 2025, the registration fee will be £92 per LPA. You can check your application status online or by contacting the OPG directly.

"Can the Office of the Public Guardian provide legal advice about my LPA?" No, the OPG does not provide legal advice. They handle the administrative process of registering and supervising LPAs and deputies, but they cannot advise you on whether to create an LPA or who to appoint. For legal guidance, consult a solicitor or use a reputable LPA service.

"What does the OPG do if someone reports concerns about an attorney?" The OPG investigates reports of attorneys or deputies not acting in someone's best interests. They can request information, interview the person lacking capacity privately, and examine relevant records. If serious concerns are found, the OPG can refer the matter to the Court of Protection for legal action.

Common Misconceptions

Myth: The Office of the Public Guardian can tell me whether I should make an LPA and who to appoint as my attorney.

Reality: The OPG is an administrative body that registers and oversees LPAs but does not provide legal advice. They can explain the LPA registration process, but they cannot advise you on whether to create an LPA, who to choose as attorneys, or what powers to grant. For legal guidance, consult a solicitor or use a regulated LPA service.

Myth: If I disagree with a decision my attorney made, the Office of the Public Guardian can reverse it or tell them what to do instead.

Reality: The OPG cannot make decisions on behalf of individuals or override an attorney's decisions. Only the Court of Protection has the power to make legal decisions about capacity, remove attorneys, or override their decisions. The OPG can investigate concerns and, if appropriate, refer cases to the Court of Protection, but the OPG itself has no decision-making power over individual cases.

  • Lasting Power of Attorney: The legal document that the OPG registers, which cannot be used until the OPG completes the registration process.
  • Court of Protection: The judicial body that makes legal decisions about capacity and can remove attorneys, while the OPG handles administrative oversight.
  • Attorney: The person appointed under an LPA whom the OPG can investigate if concerns arise about their conduct.
  • Deputy: A person appointed by the Court of Protection whom the OPG directly supervises through annual reports and financial accounts.
  • Registration: The administrative process performed by the OPG that makes an LPA legally effective, taking 8 to 10 weeks.

Need Help with Your Will?

Understanding the Office of the Public Guardian's role in registering and supervising Lasting Powers of Attorney is essential when planning for your future. While the OPG handles LPA registration, creating a comprehensive estate plan that includes both a will and LPA ensures complete protection for you and your loved ones.

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Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.