What Role Does the Office of the Public Guardian Play?

31st December 2025

When setting up a Lasting Power of Attorney, you will often hear about the Office of the Public Guardian, usually shortened to the OPG. Many people ask what this organisation actually does and why it is so important. Understanding its role helps build confidence that LPAs are safe, regulated, and legally protected.

What Is the Office of the Public Guardian?

The Office of the Public Guardian is a government body in England and Wales.

It was established under the Mental Capacity Act 2005 to protect people who may lack mental capacity. Its main role is to oversee Lasting Powers of Attorney, Enduring Powers of Attorney and Court of Protection deputyships.

Why Is the Office of the Public Guardian Involved in LPAs?

An LPA gives significant legal power to another person.

The OPG ensures that this power is granted correctly, freely, and without pressure. It acts as an independent safeguard to protect donors from abuse, fraud, or mistakes during the application process.

What Does the OPG Do During LPA Registration?

Every LPA must be registered before it can be used.

During registration, the OPG checks that the form has been completed correctly, all signatures are in the correct order, and the certificate provider section confirms the donor understands the document. If errors or concerns are identified, the OPG can delay or refuse registration.

Can the Office of the Public Guardian Stop an LPA?

Yes, in certain circumstances.

If the OPG receives objections or identifies evidence of coercion, fraud, or improper completion, it can stop the registration. Serious concerns may be referred to the Court of Protection for a final decision.

What Does the OPG Do After an LPA Is Registered?

The OPG’s role does not end once an LPA is approved.

It supervises attorneys and investigates complaints about how they are using their powers. If an attorney is not acting in the donor’s best interests, the OPG can step in, demand explanations or apply to have the attorney removed.

Can the OPG Remove an Attorney?

The OPG itself cannot remove attorneys permanently, but it plays a key role.

It can suspend an attorney’s powers and apply to the Court of Protection to remove them. This happens if there is evidence of financial abuse, neglect or failure to follow the Mental Capacity Act.

How Does the OPG Protect Donors and Families?

The OPG provides reassurance and accountability.

It ensures attorneys understand their legal duties, offers guidance to families, and provides a formal route for raising concerns. This oversight reduces the risk of misuse and helps resolve disputes before they escalate.

Why Is the OPG Important When Using an Online LPA Service?

Even when you create an LPA online, the legal safeguards remain the same.

Services like Power of Attorney Online help you complete the form correctly, but the OPG remains the independent authority that checks, registers, and oversees your LPA. This ensures your document is legally valid and fully protected.

The Office of the Public Guardian plays a vital role in keeping the UK power of attorney system safe. From registering your LPA to supervising attorneys and investigating concerns, it exists to protect your rights and your wishes.

By creating your LPA correctly using a service like Power of Attorney Online and registering it with the OPG, you can be confident that your future decisions are supported by strong legal safeguards. Power of Attorney Online helps you work smoothly with this process, giving you clarity, confidence and peace of mind.