Our Lifetime Planning and Wills Team are available to discuss Lasting Powers of Attorney, Court of Protection and Deputyship matters. Please call them on 01225 755656. Alternatively, you can email them or complete the contact form at the foot of this page.
The Office of the Public Guardian (OPG) has jurisdiction in England and Wales. It carries out the legal functions of the Mental Capacity Act 2005, serving two broad functions:
- Helping people stay in control of decisions about their health and welfare and/or their property and financial affairs.
- Making important decisions for people who cannot decide for themselves.
Lasting Powers of Attorney
The OPG maintains the register of Lasting Powers of Attorney (LPA) and Enduring Powers of Attorney (EPA). An Enduring Power of Attorney was the legal document that, until 2007, preceded the Property and Financial Affairs LPA.
The OPG has a statutory responsibility to supervise those acting as attorneys or deputies, to ensure they properly carry out their legal duties. They investigate reports of abuse of power by attorneys or deputies and, where necessary, take action against them.
What is the difference between an attorney and a deputy?
An individual appoints an attorney while they still have capacity, in preparation for a time when they lose capacity. A deputy is appointed by the Court of Protection once an individual has lost capacity.
What is the Court of Protection?
The Court of Protection protects vulnerable people who lack the mental capacity to make decisions. The Court can make decisions in that person’s best interests relating to their property, finances, health or welfare. The Court may appoint a deputy to make certain decisions on behalf of the person lacking capacity, usually about property and financial matters.