The Office of the Public Guardian has called on wills and probate lawyers, and other legal professionals, to report concerns about attorneys and court?appointed deputies through its online service. The agency said it handled more than 11,000 concerns in the past year and encouraged practitioners to raise issues when they believe a decision?maker may not be acting in the best interests of the person they support. The Office of the Public Guardian supervises attorneys appointed under lasting powers of attorney and deputies appointed by the Court of Protection in England and Wales. Its appeal focuses on safeguarding adults who lack, or may lack, mental capacity, and on directing referrals to a channel designed for timely triage and follow?up.
The Public Guardian’s request targets lawyers who regularly meet attorneys and deputies in the course of estate planning, will drafting, and probate administration. These professionals often see financial records, instructions, and family dynamics that can reveal potential misuse of decision?making authority. The agency’s message emphasises reporting concerns where actions or patterns may not align with the legal duties that govern attorneys and deputies.
Understanding the call to report through the online channel
The Office of the Public Guardian maintains an online form for anyone to report concerns about the conduct of an attorney or deputy. The appeal draws attention to this route for legal practitioners who encounter possible misuse of authority or departures from statutory duties. The online process asks for information about the person at the centre of the concern, the attorney or deputy, and the behaviour or transaction that raises a safeguarding question.
Reports commonly relate to spending that appears inconsistent with the person’s needs, failure to keep proper financial records, or decisions about health and welfare that do not appear to consider the person’s wishes and feelings. The form allows users to attach documents, such as bank statements, care plans, or letters, which can help the Office of the Public Guardian assess whether further enquiries are justified. The agency accepts reports from the public, professionals, and organisations. It assesses whether the concern involves an attorney under a lasting power of attorney or an enduring power of attorney, or a deputy appointed by the Court of Protection.
Legal duties under the Mental Capacity Act 2005
Attorneys and deputies act under the Mental Capacity Act 2005. They must follow the Act’s principles, including the requirement to make decisions in the person’s best interests when that person cannot decide for themselves at the time a decision needs to be made. “Best interests” involves considering all relevant circumstances, including the person’s past and present wishes, feelings, beliefs, and values. Decision?makers also must support the person to make their own decisions where possible.
Financial attorneys and deputies must keep the person’s money separate, keep accurate accounts, avoid conflicts of interest, and only spend money for the person’s benefit. Health and welfare attorneys and deputies must consult appropriate healthcare professionals and family members where relevant, and respect any limits set out in the power of attorney or the court order. Deputies act under authority granted by a Court of Protection order. Attorneys act under the scope of an executed and registered power of attorney. Both are subject to oversight by the Office of the Public Guardian.
How the Office of the Public Guardian handles concerns
When the Office of the Public Guardian receives a concern, it assesses whether it relates to an attorney or deputy within its remit in England and Wales. If so, it decides what information is needed to understand the issue and whether a supervisory officer should contact the parties. The agency may request bank statements, invoices, care records, or explanations from the attorney or deputy. It may also contact care providers, local authorities, or professionals involved in the person’s support.
If the Office of the Public Guardian identifies risk or possible misuse of powers, it can escalate the matter. Options include requiring the attorney or deputy to produce accounts, issuing instructions to stop certain transactions, conducting a visit, or referring the matter to the police or the local authority where there is suspected theft, fraud, or abuse. Where needed, the Public Guardian can apply to the Court of Protection for directions, for the suspension or removal of an attorney or deputy, or for orders to recover funds or restrict access to assets. The court decides applications based on evidence and the statutory best interests framework.
Why the appeal focuses on probate and wills practitioners
Wills and probate lawyers often meet clients and families when powers of attorney come into use, when a person’s capacity changes, or when estates are administered after death. They may see circumstances that indicate issues with attorney or deputy conduct, such as unexplained asset transfers, changes to property arrangements, or discord between family members about how decisions are being made. Because practitioners hold documents and financial information, they are in a position to submit detailed referrals supported by records.
The Public Guardian’s appeal draws attention to a reporting route designed to streamline information gathering and risk assessment. Online reporting helps the agency collect consistent data and identify patterns across cases. Referrals that include clear descriptions, dates, documents, and contact details make it easier for supervision teams to decide what steps to take. The agency’s focus on professional reports reflects the evidential value that lawyers can provide in safeguarding enquiries.
Context: lasting powers, deputyship, and oversight
A lasting power of attorney allows a person to appoint one or more attorneys to make decisions if they lose capacity in the future. There are two types: property and financial affairs, and health and welfare. The Office of the Public Guardian registers lasting powers of attorney before they can be used. An enduring power of attorney, made under earlier law, can still be valid for property and financial affairs if created before the law changed but requires registration when the person begins to lose capacity.
If no attorney exists, or if a person needs ongoing support with decisions, the Court of Protection can appoint a deputy. Deputies report to the Office of the Public Guardian as part of supervision arrangements set by the court and the agency. The Public Guardian monitors deputies through annual reporting, requests for information, and visits where appropriate. Attorneys are not routinely supervised in the same way, but they are subject to investigation if concerns arise.
Volume of concerns and next steps after a report
The Office of the Public Guardian reported handling more than 11,000 concerns in the past year. The volume reflects referrals from members of the public, professionals, and agencies. After a report, the Public Guardian decides whether it can investigate under its statutory functions and whether the concern should be signposted to another body. Issues outside its remit may be directed to the police, local authority safeguarding teams, or professional regulators, depending on the subject matter.
If a concern proceeds, the Office of the Public Guardian may set deadlines for responses, request specific records, or conduct interviews. Outcomes can include closing the case with no further action, issuing advice to an attorney or deputy, enhancing supervision, or escalating to court or law enforcement. Each step follows the legal framework set by the Mental Capacity Act 2005 and the Court of Protection’s procedures.
What this means
- There is an active request from the Office of the Public Guardian for wills and probate lawyers and other legal professionals to use its online reporting form when they encounter concerns about attorneys or deputies.
- The appeal does not change the legal duties of attorneys or deputies. It highlights an existing route to raise safeguarding issues for triage and investigation.
- The Office of the Public Guardian continues to assess reports, investigate where appropriate, and, if necessary, apply to the Court of Protection or refer matters to other authorities.
- Practitioners who hold relevant documents and timelines can support the agency’s decision?making by providing detailed factual information through the online channel.
When and where
Published on 21 January 2026 by Today’s Wills and Probate, reporting on the Office of the Public Guardian’s appeal in England and Wales.
