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01 November 2024 / Ann Stanyer
Issue: 8092 / Categories: Opinion , Wills & Probate , Mental health
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OPG: Could do better

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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

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