Office of the Public Guardian England: Role, Services, and Complaints
What the OPG Does
The Office of the Public Guardian is the government body that registers Lasting Powers of Attorney, supervises court-appointed deputies, and investigates concerns about attorneys and deputies who may be acting improperly. It operates under the Mental Capacity Act 2005 and reports to the Ministry of Justice.
The OPG's day-to-day work falls into three main areas.
Registration: Processing LPA applications, checking for procedural errors, managing the statutory objection period, and stamping registered documents. Current processing time is 8 to 10 weeks for error-free applications, stretching to 14 to 20 weeks during peak periods.
Supervision: Monitoring deputies appointed by the Court of Protection. Deputies must file annual reports on their financial management of the person's affairs. The OPG reviews these reports and can escalate concerns to the court.
Investigation: Responding to safeguarding referrals about attorneys or deputies who may be abusing their position — misusing funds, making decisions against the person's best interests, or acting beyond the scope of their authority.
How to Contact the OPG
The OPG handles enquiries by phone and post:
Phone: 0300 456 0300 (Monday, Tuesday, Thursday and Friday, 9am to 5pm; Wednesday, 10am to 5pm). Relay UK: 18001 0300 123 1300.
Post: Office of the Public Guardian, PO Box 16185, Birmingham, B2 2WH.
Online: The Use an LPA service (for access codes and LPA verification) is separate from general OPG enquiries. For checking the status of an LPA application, call the phone line with your application reference number.
Filing a Complaint About an Attorney
Anyone can raise a concern about how an attorney is using an LPA. You do not need to be a family member — friends, neighbours, bank staff, social workers, and healthcare professionals can all report concerns.
The OPG investigates concerns in two broad categories:
Factual objections (raised during the registration period): These challenge whether the LPA was validly created — for instance, that the donor lacked capacity when they signed, that they were pressured into creating the LPA, or that the signing sequence was not followed correctly.
Safeguarding concerns (raised after registration): These involve an attorney who is already acting under a registered LPA but is doing so improperly. Common concerns include the attorney spending the donor's money on themselves, refusing to let family members visit the donor, making care decisions that do not reflect the donor's wishes, or failing to keep proper financial records.
To raise a concern, contact the OPG by phone and explain the situation. The OPG will decide whether to investigate directly or refer the matter to the Court of Protection. If the concern involves potential criminal conduct (theft, fraud), the OPG may also involve the police.
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What the OPG Can and Cannot Do
The OPG can: Investigate an attorney's conduct. Ask the attorney to provide accounts and records. Apply to the Court of Protection to have an attorney removed or the LPA revoked, including where urgent restrictions are needed while an investigation is ongoing.
The OPG cannot: Provide legal advice. Mediate family disputes about care decisions (unless there is evidence of misconduct). Reverse financial transactions an attorney has already made — recovery of misused funds is a matter for the courts. Override a bank's internal LPA registration process.
Complaining About the OPG Itself
If your complaint is about the OPG's own service — a delayed registration, lost documents, poor communication — the process is different from reporting an attorney.
Stage 1: Contact the OPG directly and explain your complaint. They aim to respond within 10 working days and will let you know if they need longer.
Stage 2: If you are not satisfied with the response, write to the OPG's chief executive for a further review by senior leadership.
Stage 3: If you are still not satisfied after the chief executive's response, ask your MP to refer the complaint to the Parliamentary and Health Service Ombudsman (PHSO). You must complete the OPG's steps first.
For delays in LPA registration specifically, calling the OPG with your reference number and asking for a status update is often more effective than a formal complaint. Backlogs are common during peak periods, and a phone call can sometimes identify whether the delay is a queue issue or whether additional information is needed from you.
Our Lasting Power of Attorney guide covers the full OPG process from application to registration, including what to do when things go wrong.
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