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Office of the Public Guardian

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"The role of the Public Guardian is to protect people who lack capacity from abuse." [from OPG website]


MCA update emails

See MCA Update emails for the full text of these periodic emails.

About the Public Guardian

The following extract is from the OPG website

The role of the Public Guardian is to protect people who lack capacity from abuse.

The Public Guardian, supported by the Office of the Public Guardian (OPG), helps protect people who lack capacity by:

  • Setting up and managing a register of Lasting Powers of Attorney (LPA);
  • Setting up and managing a register of Enduring Powers of Attorney (EPA);
  • Setting up and managing a register of court orders that appoint Deputies;
  • Supervising Deputies, working with other relevant organisations (for example, social services, if the person who lacks capacity is receiving social care);
  • Instructing Court of Protection Visitors to visit people who may lack mental capacity to make particular decisions and those who have formal powers to act on their behalf such as Deputies;
  • Receiving reports from Attorneys acting under LPAs and from Deputies; and
  • Providing reports to the COP, as requested, and dealing with cases where there are concerns raised about the way in which Attorneys or Deputies are carrying out their duties.

The Public Guardian is also personally responsible for the management and organisation of the OPG, including the use of public money and the way it manages its assets. A separate Public Guardian Board scrutinises the work of the Public Guardian and then reports to the Lord Chancellor.


See Consultations#Ministry of Justice

External links

Office of the Public Guardian website

Office of the Public Guardian, 'In The "Best Interests" Of Us All: The Public Guardian Board’s Annual Report 2010', 8/12/10

"Vulnerable adults to get better protection" - 17/12/08

Details of consultation, on OPG website

OPG Annual Report and Accounts 2008 - 2009 - 15/7/09 - "This report contains details of the OPG's performance and the work undertaken during 2007 - 2008. The report also contains the annual report by the Public Guardian to the Lord Chancellor on the discharge of his functions. This new report specifically covers the statutory role and duties of the Public Guardian, and is separate from the annual report of the OPG as an agency. It is a requirement of the Mental Capacity Act 2005 (MCA) that this report is produced annually."

From other sources:

The 'reviewing mental capacity' consultation document, on MoJ website

When you become the client, Solicitors Journal, 3/2/09

Office of the Public Guardian, 'Fundamental Review of the Supervision of Court Appointed Deputies by the Public Guardian: Report to Parliament' (December 2014)†. Extract: "The Parliamentary Under-Secretary of State for Justice announced in an adjournment debate in October 2012 that the Public Guardian was to commence a fundamental review of how deputies appointed by the Court of Protection to protect people lacking mental capacity are supervised. This report is to inform Parliament of the findings of the review and to set out what measures are now being implemented."