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United Kingdom
United Kingdom
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...
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Court of Protection Deputyship Returns, Accounts and Costs: OPG Standards, Forms and SCCO Interface (England and Wales)
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Practice notes
For anyone appointed by the Court of Protection to serve as a deputy for property and financial affairs or for health and welfare, whether acting as a lay deputy or a professional deputy, an annual return must be submitted to the Office of the Public Guardian (OPG). The OPG now scrutinises the way deputies report and their obligation to account for every transaction. Of note to professional deputies is the OPG’s growing collaboration and information sharing with the Senior Courts Costs Office (SCCO), the authority that decides what a professional deputy may charge. In this Practice Note, references are made to 'P', 'the protected person' and 'the client', reflecting the terminology used within the applicable legislation or guidance. In each instance, these terms denote the person for whom the deputy has been appointed. That terminology is used consistently throughout this Practice Note and should be read as interchangeable, subject to context within the relevant legislation and guidance.
The Requirements on deputies to keep accounts
Section 57 of the Mental Capacity Act 2005 (MCA 2005) creates the statutory office-holder known as the Public Guardian. MCA 2005, s 58 sets out the Public Guardian’s functions. Section 58(i) provides as follows: 'Functions of...
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Web page updated on 21/05/2026
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I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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