The Office of the Public Guardian, commonly referred to as the OPG, is a government agency that operates as part of the Ministry of Justice. It was established when the Mental Capacity Act 2005 came into force in October 2007. The head of this organisation holds the statutory position of Public Guardian and also serves as the chief executive of the OPG. The creation of this office was part of an important reform that separated the court's judicial decision-making powers from the practical day-to-day administration and supervision of people's affairs. Key responsibilities of the Public Guardian The Public Guardian has several key responsibilities under the law. These include maintaining official registers of lasting powers of attorney and court orders that appoint deputies, supervising deputies once they have been appointed by the Court of Protection, and acting as the registration authority for both lasting and enduring powers of attorney. The office also has the power to direct Court of Protection Visitors to visit deputies, attorneys, or the people they represent to ensure everything is being managed properly. Supervision of Deputies When it comes to supervising deputies, the OPG operates a structured system designed to ensure that those appointed to manage someone else's affairs are carrying out their duties appropriately and in that person's best interests. For property and affairs deputies, who handle financial matters, the supervision typically involves two main levels: 'general' and 'minimal' supervision. New deputies automatically receive general supervision during their first year. After this initial period, the level of ongoing supervision depends largely on the value of assets being managed, with those handling higher value assets usually remaining under general supervision, whilst those managing smaller estates may move to minimal supervision. The supervision process involves several practical measures. When a lay deputy (a friend or family member of the person who lacks capacity) is first appointed, the OPG conducts what is known as a 'settling in call' to discuss the case and provide guidance. Both lay and professional deputies are required to submit annual reports that detail the income and expenditure they have managed and the decisions they have made on behalf of the person they represent. These reports serve as both a record of past actions and a forward-looking document that outlines future plans and, in the case of professional deputies, estimated management fees. Reporting and Deputy standards The OPG has established Deputy Standards that set out clear expectations for how deputies should conduct themselves. These standards cover various aspects of a deputy's role, including the fundamental requirement to make decisions in the person's best interests in accordance with the Mental Capacity Act 2005. The standards provide practical guidance on matters such as managing investments, keeping proper financial records, and property management. Beyond reviewing annual reports, the OPG may conduct assurance visits or telephone reviews to assess how well deputies are meeting these standards. These visits are always arranged in advance and provide an opportunity for the OPG to ensure that the person's best interests are being served. The office also has significant investigative powers, including the ability to examine health records, local authority social services records, and care provider records when necessary to carry out its supervisory functions. For personal welfare deputies, who make decisions about healthcare and daily living arrangements rather than financial matters, the supervision follows similar principles but focuses on different aspects of care and decision-making. The OPG ensures these deputies understand their responsibilities and are making appropriate decisions about the person's care, treatment, and living arrangements. Complaints, concerns and security The OPG also handles complaints and concerns about how deputies are carrying out their duties. If someone has worries about a deputy's conduct or decisions, they can raise these with the OPG, which will investigate and take appropriate action. In serious cases where informal resolution is not possible, the Public Guardian may need to make an application to the Court of Protection for further directions or intervention. Deputies are also required to provide security, typically in the form of a bond from an authorised insurance company, which serves as a financial guarantee against any default in their duties. This provides additional protection for the person whose affairs are being managed, as the bond can be ‘called in’ in the event of default or mismanagement by the deputy that has caused a loss to the person’s estate, in order to recoup the loss. The level of security required by a deputy is set by the Court of Protection and may be adjusted during the course of the deputyship, usually if the court becomes aware that there has been a significant change in the size of the estate being managed. The OPG is informed of any changes to a deputy’s security level by the court and will expect them to evidence that they have taken out a bond at the appropriate level. Supporting Deputies and protecting interests The system is designed to provide appropriate oversight whilst allowing deputies to carry out their important work effectively. The OPG recognises that most deputies, whether family members or professionals, are committed to acting in the best interests of the people they represent, and the supervision framework is intended to support them in this role whilst providing necessary safeguards. If your loved one may lack mental capacity to make decisions about their property and financial affairs, their personal welfare, or both, and you believe they would benefit from the appointment of a deputy, please get in touch with our Court of Protection and Community Care specialists to discuss how we can help.
