Jurisdiction(s):
United Kingdom

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Key definition

Office of the Public Guardian definition

What does Office of the Public Guardian mean? The Office of the Public Guardian is the public body that registers and oversees powers of attorney and court‑appointed decision‑makers for adults who may lack capacity, and investigates safeguarding concerns. In England and Wales, it is a Ministry of Justice agency under the Mental Capacity Act 2005. It keeps the registers of lasting and enduring powers of attorney, supervises Court of Protection deputies and investigates concerns. In Scotland, the Office of the Public Guardian (Scotland) under the Adults with incapacity (Scotland) Act 2000 registers powers of attorney, runs the Access to Funds scheme, supervises financial guardians and interveners appointed by the...

Creating and registering valid Lasting Powers of Attorney in England and Wales: legal requirements, forms, execution, attorneys, instructions, witnesses, registration, and forthcoming Powers of Attorney Act 2023 reforms

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Practice notes

FORTHCOMING CHANGE:

Further to the Government’s response to the Ministry of Justice’s and the office of the public guardian (OPG)’s consultation, Modernising Lasting Powers of Attorney, the Powers of Attorney Bill received Royal Assent on 18 September 2023 and thereby became the Powers of Attorney Act 2023 (PAA 2023). When brought into force, PAA 2023 will introduce amendments to the Mental Capacity Act 2005 (MCA 2005) to deliver a more modern lasting power of attorney (LPA) service. The changes will include:

bringing in regulations so those involved in making an LPA can choose to sign the LPA electronically or on paper;
the removal of attorneys’ ability to register an LPA, so that registration is permitted only by the donor;
setting regulations that govern identification verification requirements for registration applications;
creating a single route for registration objections to the OPG and widening the group of people who can lodge an objection to include third parties, not just those named in the LPA;
placing responsibility for notifying named persons that an LPA is being registered on the OPG, rather than the donor...

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Web page updated on 21/05/2026

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