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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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Duties and Powers of LPA Attorneys under the MCA 2005; Professional Obligations and Updates from the Powers of Attorney Act 2023 (England and Wales)

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FORTHCOMING CHANGE:

Following the Government’s reply to the Ministry of Justice and the office of the public guardian (OPG) consultation, Modernising Lasting Powers of Attorney, the Powers of Attorney Bill gained Royal Assent on 18 September 2023 and is now known as the Powers of Attorney Act 2023 (PAA 2023). The majority of its provisions remain inactive while secondary legislation is awaited in due course to implement them fully. Once commenced, PAA 2023 will amend the Mental Capacity Act 2005 (MCA 2005) so as to deliver a more up-to-date lasting power of attorney (LPA) service...

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Victoria Mahon de Palacios
Victoria Mahon de Palacios

Victoria Mahon de Palacios is a senior associate, who trained and qualified at Wedlake Bell LLP. Her practice includes all aspects of private client work. She has particular expertise in Court of Protection work regarding elderly clients and vulnerable beneficiaries. Victoria's general practice also includes advising on methods of mitigating inheritance tax and capital gains tax for both UK and non-UK domiciled individuals through lifetime gifts, onshore and offshore trusts and tax-efficient wills, together with advising on the administering of estates and trusts. Victoria also advises on the establishment of new charitable structures, charity mergers and variations to charitable trusts. She has been named one of the country's "Top 35 Under 35" private client advisers in Private Client Practitioner magazine for 2011, 2013 and 2014. Victoria is a member of the Society of Trusts and Estates Practitioners (STEP) and the STEP Mental Capacity Special...

Web page updated on 21/05/2026

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