header-logo header-logo

Home Login E-newsletter About us
01 November 2024 / Ann Stanyer
Issue: 8092 / Categories: Opinion , Wills & Probate , Mental health
printer mail-detail

OPG: Could do better

© Copyright LexisNexis 2026. All Rights Reserved.
It’s time to improve the Office of the Public Guardian register, writes Ann Stanyer

The Office of the Public Guardian (OPG) register is relied on by essential services and the public to find out whether an individual has a power of attorney or a deputyship order registered on the register. What we are finding is that the register is not being kept up to date. Why is this, and what can be done to remedy it?

Establishing & maintaining the register

Section 9 of the Mental Capacity Act 2005 (MCA 2005) provides that a lasting power of attorney (LPA) is not created unless it is made and registered in accordance with the Act. MCA 2005 established the OPG, one of whose roles is to establish and maintain a register of lasting powers of attorney and of orders appointing deputies. By virtue of MCA 2005, Sch 4, an enduring power of attorney (EPA) must also be registered on the onset of subsequent mental incapacity of the donor.

At present, an application for registration of a lasting power of attorney must be made

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Read All
Sponsored by
Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
Read All
NLJ this week: Property cases reshape established principles
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
NLJ this week: Stress ruling raises the bar for employers
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
NLJ this week: Can Manchesterism revive access to justice?
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
NLJ this week: Constitutional conventions tested as power changes hands
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
NLJ this week: Lawyers must become product designers
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
Copyright © 2026 LexisNexis
back-to-top-scroll