What Is the Office of the Public Guardian?
The OPG registers LPAs, supervises attorneys and deputies, and protects people who lack mental capacity.
Written by James Tyrrell · Reviewed by Anthony Dalton · Last reviewed
Every LPA in England and Wales passes through the Office of the Public Guardian (OPG) before it becomes legally valid. This government agency, established under the Mental Capacity Act 2005, is responsible for registering LPAs, supervising court-appointed deputies, and investigating concerns about how attorneys and deputies carry out their duties. If you are creating or using an LPA, the OPG is the organisation you will deal with most.
At a glance
- The OPG is the government agency that registers all Lasting Powers of Attorney in England and Wales
- Registration costs £92 per LPA and typically takes 8 to 10 weeks
- The OPG supervises court-appointed deputies and investigates concerns about attorneys
- The OPG is separate from the Court of Protection, which makes legal decisions about people who lack capacity
The Role of the OPG
The OPG exists to protect people in England and Wales who lack the mental capacity to make certain decisions for themselves. Its key responsibilities include:
- Registering LPAs — checking that each LPA is correctly completed and meets the legal requirements before placing it on the official register
- Supervising deputies — monitoring court-appointed deputies to ensure they act in the best interests of the person they represent
- Investigating concerns — looking into complaints or reports of abuse, neglect, or misconduct by attorneys or deputies
- Maintaining the register — keeping a public register of all LPAs and deputyship orders so that authorised parties can verify them
- Supporting the Court of Protection — providing information and recommendations to the court when disputes arise
Key point: The OPG is an executive agency of the Ministry of Justice. It works alongside the Court of Protection but is a separate organisation with its own powers and responsibilities.
How the OPG Registers an LPA
An LPA must be registered with the OPG before it can be used. The registration process involves several checks to ensure the document is valid and that the donor's wishes are properly recorded.
Here is what happens when you submit your LPA for registration:
Application received
The OPG receives your completed LPA form along with the £92 registration fee per LPA. They log the application and begin their checks.
Validation checks
The OPG checks that the form has been completed correctly, that all required signatures are present and in the right order, and that the certificate provider has signed appropriately.
Waiting period
There is a statutory waiting period during which people named to be notified (if any) can raise objections. This gives an opportunity for concerns to be flagged before registration is finalised.
Registration confirmed
If no issues are found and no valid objections are received, the OPG stamps and registers the LPA. They return the original document to the applicant, and the LPA is now legally effective.
The registration process typically takes between 8 and 10 weeks, though it can be slower if the OPG’s workload is high or if any issues are identified with the application.
OPG Registration Fees and Timelines
The OPG charges a registration fee of £92 per LPA. If you are making both types — a property and financial affairs LPA and a health and welfare LPA — the total cost is £184. This fee is paid when you submit your LPA for registration and is non-refundable if the application is rejected.
Processing typically takes 8 to 10 weeks from the date the OPG receives your signed documents. There is no fast-track option, so it is worth submitting your LPA well before you expect to need it.
If you are on a low income or receive certain means-tested benefits, you may be eligible for a fee reduction or full exemption. You can find more details in our guide to government LPA registration fees.
Tip: Our online service prepares your LPA documents and checks for common errors before you submit to the OPG, reducing the risk of rejection.
How the OPG Supervises Attorneys and Deputies
The level of supervision the OPG provides depends on whether someone is acting as an attorney under an LPA or as a deputy appointed by the Court of Protection.
LPA Attorneys
Attorneys under an LPA are not routinely supervised by the OPG. The OPG will only become involved if a concern or complaint is raised about an attorney's conduct. This lighter-touch approach reflects the fact that the donor chose their attorneys themselves.
Court-Appointed Deputies
Deputies are subject to ongoing supervision. They must submit annual reports to the OPG, pay an annual supervision fee of £320, and may receive visits from OPG staff. The OPG can apply to the court to have a deputy removed if there are concerns.
How to Raise a Concern About an Attorney or Deputy
Anyone can raise a concern with the OPG about how an attorney or deputy is behaving. You do not need to be a family member or have any formal connection to the person involved. Common reasons for complaints include:
- An attorney making decisions that are not in the donor's best interests
- Financial mismanagement or suspected theft
- An attorney refusing to consult family members or care professionals
- Neglect of the donor's health or welfare needs
- An attorney acting outside the scope of their authority
When the OPG receives a complaint, they will assess whether it falls within their remit and, if so, launch an investigation. Depending on the severity and nature of the concern, the OPG may:
- Contact the attorney or deputy to request information
- Arrange a visit to the donor
- Request financial records or accounts
- Refer the matter to the Court of Protection
- In serious cases, refer the matter to the police
Worth knowing: the OPG cannot remove an attorney or deputy itself. Only the Court of Protection has the power to revoke an LPA or remove a deputy from their role.
OPG vs Court of Protection: What Is the Difference?
The OPG and the Court of Protection work closely together, but they have different functions:
- The OPG handles registration, supervision, and investigations. It is an administrative body.
- The Court of Protection makes legal decisions. It appoints deputies, resolves disputes, and can revoke LPAs or remove deputies.
If the OPG's investigation uncovers serious problems, it will refer the case to the Court of Protection for a judicial decision. The court can then make orders to protect the vulnerable person, including suspending or removing the attorney or deputy.
How to Contact the OPG
You can contact the Office of the Public Guardian in several ways:
By telephone
Call 0300 456 0300 (Monday to Friday, 9:30am to 5pm, except bank holidays). A textphone service is available on 0115 934 2778.
By email
Send enquiries to customerservices@publicguardian.gov.uk. For safeguarding concerns, you can also email opg.safeguardingunit@publicguardian.gov.uk.
By post
Office of the Public Guardian, PO Box 16185, Birmingham, B2 2WH.
Key Takeaways
- Registration is compulsory — an LPA has no legal effect until it has been registered with the OPG and stamped
- The £92 fee is non-refundable — if the OPG rejects your LPA for errors such as incorrect signing order, you lose the fee and must resubmit
- The OPG cannot remove an attorney — only the Court of Protection has the power to revoke an LPA or remove an attorney from their role
- Deputies face stricter oversight than attorneys — deputies must submit annual reports and pay a £320 annual supervision fee, while LPA attorneys are only investigated if a concern is raised
- Anyone can raise a concern — you do not need to be a family member to report suspected abuse or misconduct by an attorney or deputy to the OPG
Frequently Asked Questions
Is the OPG the same as the Court of Protection?
No. The OPG is a government agency that registers LPAs and supervises attorneys. The Court of Protection is a court that makes decisions about people who lack mental capacity and appoints deputies.
How long does the OPG take to register an LPA?
Typically 8 to 10 weeks from when they receive your signed documents. There is no fast-track option.
Can the OPG remove an attorney?
The OPG cannot remove an attorney directly. It can investigate concerns about an attorney's conduct, but only the Court of Protection has the legal power to revoke an LPA or remove an attorney from their role.
Can the OPG reject my LPA?
Yes. Common reasons include incorrect signing order, ineligible certificate providers, and incomplete forms. The £92 fee is non-refundable if rejected.
How much does OPG registration cost?
The OPG charges £92 per LPA to register. If you are making both a property and financial affairs LPA and a health and welfare LPA, the total cost is £184. Fee reductions are available for people on low incomes.
What happens if the OPG finds a problem with my LPA?
If the OPG finds an error during registration, they may return the LPA for correction or reject it entirely. Common issues include incorrect signing order and ineligible certificate providers. The £92 registration fee is non-refundable if your LPA is rejected.
This guide was last reviewed and updated on . Information is based on current legislation and OPG guidance for England and Wales.
Official Guidance
Government guidance on GOV.UK
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