Jurisdiction(s):
United Kingdom

Related legal acts

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...

Completing LPAs without severance: drafting guidance on appointments, replacements, notifications and delegation; OPG practice and Powers of Attorney Act 2023 updates (England and Wales)

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Practice notes

FORTHCOMING CHANGE:

Following the Government’s response to the Ministry of Justice’s and office of the public guardian (OPG)’s consultation, Modernising Lasting Powers of Attorney, the Powers of Attorney Bill gained Royal Assent on 18 September 2023 and is now the Powers of Attorney Act 2023 (PAA 2023). PAA 2023 will amend the Mental Capacity Act 2005 (MCA 2005) to deliver a more up-to-date lasting power of attorney (LPA) service. The reforms will include:

creating regulations so those involved in making an LPA can choose to sign either digitally or on paper;
removing attorneys’ ability to register an LPA, so registration is carried out solely by the donor;
introducing regulations to set identity verification requirements for registration applications;
establishing a single objections route to the OPG and broadening who may object to include third parties, not only people named in the LPA;
shifting responsibility for notifying named persons of LPA registration from the donor to the OPG...

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Web page updated on 21/05/2026

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