header-logo header-logo

01 November 2024 / Ann Stanyer
Issue: 8092 / Categories: Opinion , Wills & Probate , Mental health
printer mail-detail

OPG: Could do better

It’s time to improve the Office of the Public Guardian register, writes Ann Stanyer

The Office of the Public Guardian (OPG) register is relied on by essential services and the public to find out whether an individual has a power of attorney or a deputyship order registered on the register. What we are finding is that the register is not being kept up to date. Why is this, and what can be done to remedy it?

Establishing & maintaining the register

Section 9 of the Mental Capacity Act 2005 (MCA 2005) provides that a lasting power of attorney (LPA) is not created unless it is made and registered in accordance with the Act. MCA 2005 established the OPG, one of whose roles is to establish and maintain a register of lasting powers of attorney and of orders appointing deputies. By virtue of MCA 2005, Sch 4, an enduring power of attorney (EPA) must also be registered on the onset of subsequent mental incapacity of the donor.

At present, an application

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll