Raise a concern
Use this form if you’re concerned about decisions made by an attorney, deputy or guardian on behalf of the person they are appointed for.
Applies to England and Wales
If you are concerned about decisions that have been made by an attorney, deputy or guardian, you can contact the Office of the Public Guardian (OPG) about them. We can then check if we have the legal authority to investigate. The decisions made by attorneys, deputies and guardians must always be in the best interests of the person they are appointed for.
An attorney is appointed by the donor, using a lasting or enduring power of attorney (LPA or EPA). A deputy or guardian is appointed by the Court, and the individual they make decisions for is know as ‘P’.
Under the Mental Capacity Act 2005 a person must be assumed to have capacity unless it is established that they lack it. OPG will need to determine if there is any evidence that the donor or P lacks capacity now and at the time of the concerns before taking any action.
Complete this form to notify us of your concerns if all of the following are true:
- you have conducted your own initial safeguarding queries (this only applies if you are a public authority)
- you believe the donor or P lacks mental capacity to deal with the concerns themselves
- there is enough evidence to warrant further investigation
If you prefer, you can use a PDF version of the form and email it to us.
Our investigation
We can usually investigate if:
- the donor or P lacks mental capacity to deal with the concerns now and at the time the concerns happened
- the concerns are about an attorney or deputy
- there is a registered lasting or enduring power of attorney (LPA or EPA) or deputyship order made by the Court of Protection
- the concerns relate to the type of registered instrument or court order. For example, the concerns are financial, and the donor has an LPA for property and financial affairs
OPG can only investigate concerns that happened during the time an LPA or EPA was registered, or since a deputy was appointed by the Court of Protection. You can check if one was in place at the time by requesting a search of the registers.
We might be able to investigate before an LPA is registered if your concerns are that the LPA is being made illegally.