MCA and the Office of the Public Guardian role

Key points

  • To support people who may lack capacity, practitioners should understand the role of the Public Guardian under the MCA and collaborate closely with OPG.
  • When working with someone who may lack capacity, check if they have a registered LPA, EPA or deputyship court order by searching OPG’s registers. If they do, make sure that their attorneys and deputies are involved when appropriate. (https://www.gov.uk/government/publications/search-public-guardian-registers)
  • It is important to check whether the donor has named multiple and, if so, you should work to involve all attorneys in decision-making processes where appropriate.
  • When presented with an LPA, EPA or deputyship court order, make sure to check its validity. Look for a perforated ‘Validated’ stamp on LPAs and EPAs, and a Court of Protection stamp on deputyship court orders


  • When presented with an LPA or EPA, it is important look out for any preferences and instructions specified by the donor on the instrument documentation.
  • If you are concerned about the actions of an attorney or deputy, make sure to refer your concerns to OPG. Call OPG’s contact centre on 0300 456 0300, or email OPG’s safeguarding team at OPG.safeguardingunit@publicguardian.gov.uk.
  • If contacted by OPG about the alleged abuse of an LPA, EPA or deputyship court order, cooperate by handing over the relevant information to assist with the investigation.