X-Nico

8 unusual facts about Office of the Public Guardian


Archway Tower

The building was empty for several years before becoming home to the Public Guardianship Office in 2001 which became the Court of Protection and the Office of the Public Guardian in 2007.

Enduring power of attorney

On 1 October 2007 the EPA was replaced by the two forms of lasting power of attorney (LPA), and no new EPAs can now be drawn up; however, one signed before that date and not yet registered may still be registered, through the Office of the Public Guardian which will provide information about the procedure including the fee payable.

Lasting power of attorney

The LPA system is administered by the Office of the Public Guardian (OPG), an agency of the Ministry of Justice of the United Kingdom.

The OPG was set up in 2007 under the Mental Capacity Act 2005, replacing the similarly-named Public Guardianship Office which had a more limited range of responsibilities.

Where there are suspicions that an attorney might not be acting in the best interests of the donor, the OPG will arrange an investigation.

From the point of view of someone who needs (or may perhaps need) one or both LPAs, the Office of the Public Guardian should be the first point of contact.

Office of the Accountant of Court

However, following the passage of the Adults with Incapacity (Scotland) Act 2000 by the Scottish Parliament, these cases were transferred to the new Office of the Public Guardian, although the handling of pre-existing cases was only assigned to the new body on 1 April, 2006.

Power of attorney

A power of attorney is only valid while the donor has the capacity to ratify the attorney's actions, unless it is made in the form of a lasting power of attorney and registered with the Office of the Public Guardian.



see also