Previous Notary Public London Guides to Powers of Attorney have covered the concept of Power of Attorney (part 1) and Lasting versus Enduring Power of Attorney (part 2).  This Notary Public London guide will tackle the role of the Office of the Public Guardian (OPG) and the Court of Protection (COP).

What is the OPG?

The Office of the Public Guardian is an agency of the Ministry of Justice.  It was established in 2007 to replace the Public Guardianship office, the former administrative arm of the Court of Protection.  It is based in North London and its remit is as follows:

• The regulation and supervision of Court appointed deputies.
• To work with other agencies should suspicions be aroused that a POA has been granted to a party who is subsequently abusing this privilege.
• To provide information on mental capacity to the public, health workers, and legal professionals such as a Notary Public in London.

What is the COP?

The Court of Protection makes decisions on the affairs, property, welfare and healthcare of people who lack the mental capacity to operate for themselves.  It is a superior Court of Record; therefore it has powers similar to the High Court and can set precedent for future cases.  Any Notary Public in London will be aware of the COP’s remit which is to:

• Decide if an EPA or LPA is valid.
• Remove appointed Attorney’s who neglect or abuse their positions.
• Hear cases relating to any objection to an LPA.
• Appoint deputies.
• Make decisions for people who lack capacity.
• Decide whether a person is capable of conducting their own affairs.

For a more in depth analysis of any of the points covered here, or for further information regarding the Notary Public London Guides, please contact MD Pryke Notary Public.