Office of the Public Guardian: Services, Fees and How to Register — UK Guidance

What is the Office of the Public Guardian?

The Office of the Public Guardian (OPG) is a government agency (sponsored by the Ministry of Justice) that helps people in England and Wales stay in control of decisions about their health and finances, and protects people who cannot make decisions for themselves. The OPG registers Lasting Powers of Attorney, supervises deputies appointed by the Court of Protection, and investigates concerns about attorneys, deputies or guardians. This guide explains each service in plain language, what it is for, the fees, and how to apply.

Lasting Power of Attorney (LPA) — what it is and why you need it

A Lasting Power of Attorney (LPA) is a legal document that lets you (the 'donor') choose one or more people (your 'attorneys') to make decisions for you if you lose the ability to make them yourself — for example because of illness, accident or dementia. It is best to set one up while you still have mental capacity, before anything goes wrong. There are two types, and you can make one or both:

Health and welfare LPA — your attorney can make decisions about your daily routine (washing, dressing, eating), medical care, moving into a care home, and life-sustaining treatment. This type can only be used when you have lost the ability to make your own decisions.

Property and financial affairs LPA — your attorney can manage your bank or building society accounts, pay your bills, collect your benefits or pension, and sell your home. This type can be used as soon as it is registered, but only with your permission.

Who can make an LPA: you must be 18 or over and have mental capacity when you make it. You do not need to live in the UK or be a British citizen. LPAs are legally binding only in England and Wales (Scotland and Northern Ireland have their own systems).

How to register an LPA (the process):

Choose your attorney(s) — you can have more than one, and you can choose how they must work together.
Fill in the LPA forms — you can do this online or on paper. Everyone must sign in a set order, including a 'certificate provider' who confirms you understand what you are doing and are not under pressure.
Register the LPA with the Office of the Public Guardian. This takes about 8 to 10 weeks if there are no mistakes. You can use the LPA only once it is registered.

LPA fees: it costs £92 to register each LPA. A repeat application (if you have to reapply because of a mistake) costs £46. You may pay a reduced fee or no fee at all if you receive certain benefits or have a low income — apply using the OPG fee reduction form. If you use a solicitor to help, you will also pay their fees separately.

Enduring Power of Attorney (EPA) — what it is and why you might need it

An Enduring Power of Attorney (EPA) is an older type of power of attorney that was made before 1 October 2007. You can no longer make a new EPA, but if one was made correctly before that date it is still valid. You must register an EPA with the Office of the Public Guardian as soon as the person who made it starts to lose, or has lost, mental capacity. Registration costs £92 (with reductions or exemptions available). Until it is registered, the attorney cannot use it once the person is losing capacity.

Deputyship — what it is and why you might need it

If someone has already lost mental capacity and there is no LPA or EPA in place, you can apply to the Court of Protection to become their 'deputy'. A deputy is authorised by the court to make decisions on their behalf. There are two types:

Property and financial affairs deputy — you pay the person's bills, manage their bank accounts, organise their pension, and look after their money and property.

Personal welfare deputy — you make decisions about medical treatment and how the person is looked after. The court usually only appoints a welfare deputy where there is doubt decisions will be made in the person's best interests (for example, family disagreement), or where ongoing decisions are needed. You cannot be a welfare deputy for someone under 16.

You do not need to be a deputy if you only want to help someone claim their benefits — apply to become an appointee instead. Always check whether the person already has an LPA or EPA before applying, as a deputy is not usually needed if one exists.

How to apply to be a deputy (the process):

Check you meet the requirements to be a deputy.
Choose which type of deputy you are applying to be (property and financial affairs, personal welfare, or both).
Fill in the application forms and send them to the Court of Protection, or apply online.
The court checks whether the person needs a deputy and whether there are any objections to your appointment.
If appointed, you receive a court order setting out what you can and cannot do, and the OPG supervises you. You must send an annual deputy report to the OPG each year explaining the decisions you have made.

Deputyship fees:

Application fee: £432 (pay this twice if applying to be both types of deputy).
Hearing fee: £266, if the court decides your case needs a hearing.
New deputy assessment fee: £100.
Annual supervision fee: £320 for general supervision, or £35 for minimal supervision (this applies to some property and affairs deputies managing less than £21,000).
Security bond: property and financial affairs deputies may need to pay for a 'security bond' (a type of insurance that protects the person's money) before being appointed. The cost depends on the value of the estate.
Help with fees: you may not have to pay the application fee, or you may get a reduction, depending on the type of deputy and the finances of you or the person you are acting for. You can claim back the application fee from the person's funds if you are a property and affairs deputy.

Statutory Wills — what they are and why you might need one

If someone lacks mental capacity and has not made a will, the Court of Protection can make a 'statutory will' on their behalf. You apply to the court, and it decides what the will should say based on the person's best interests. This is used when there is no valid will and important decisions about the person's estate are needed.

Reporting a concern (safeguarding) — what it is and why it matters

If you are worried that an attorney, deputy or guardian is misusing someone's money, ignoring their best interests, or putting them at risk, you can report a concern to the OPG. The OPG can investigate and take action to protect the person. You do not need proof — report your concern and the OPG will look into it.

Other OPG services

View an LPA and Use an LPA: online services that let you, your attorney, or organisations (like banks) check and use a registered LPA securely. Manage a missing person's finances: if someone goes missing, you can apply to manage their money and property while they are away.

How to contact the Office of the Public Guardian

Telephone: 0300 456 0300 (Monday, Tuesday, Thursday and Friday 9am to 5pm; Wednesday 10am to 5pm). Relay UK (if you cannot hear or speak on the phone): 18001 then 0300 123 1300. Email: customerservices@publicguardian.gov.uk. Postal address: Office of the Public Guardian, PO Box 16185, Birmingham, B2 2WH.

Official links — GOV.UK

Office of the Public Guardian (overview and services): https://www.gov.uk/government/organisations/office-of-the-public-guardian

Make, register or end a lasting power of attorney: https://www.gov.uk/power-of-attorney

Lasting power of attorney forms: https://www.gov.uk/government/publications/lasting-power-of-attorney-forms

Apply for a reduced fee for your power of attorney: https://www.gov.uk/government/publications/applying-for-a-reduced-fee-for-your-power-of-attorney

Make an LPA online: https://www.lastingpowerofattorney.service.gov.uk/home

Deputies: make decisions for someone who lacks capacity: https://www.gov.uk/become-deputy

Deputy fees: https://www.gov.uk/become-deputy/fees

Find someone's attorney or deputy: https://www.gov.uk/find-someones-attorney-or-deputy

Report a concern about an attorney, deputy or guardian: https://www.gov.uk/report-concern-about-attorney-deputy-guardian

Manage a missing person's finances and property: https://www.gov.uk/manage-missing-persons-finances

Official links — Citizens Advice

Managing affairs for someone else (power of attorney explained): https://www.citizensadvice.org.uk/family/looking-after-people/managing-affairs-for-someone-else/

This information is for guidance only and is based on GOV.UK and Citizens Advice. For full and up-to-date details, always check the official pages linked above. For personal advice about your situation, contact the Office of the Public Guardian or a legal adviser.