Office of the Public Guardian Investigations? Received A Letter From OPG

Office Of The Public Guardian Investigations – have you received a letter from the Office of the Public Guardian?

Are you an Attorney or Deputy under a Lasting Power of Attorney who has been accused of making unlawful gifts?

If so, here’s what you need to know…

The Office of the Public Guardian (OPG) is a government body that deals with the registration and management of Enduring and Lasting Powers of Attorney.

Most people briefly deal with the OPG when they make their own Lasting Power of Attorney (LPA) or they are named as an Attorney when their elderly relative (known as the ‘donor’) makes an LPA.

Make no mistake, being an Attorney can be a heavy responsibility. However, it is not until an allegation of wrongdoing is made by the OPG, that the weight of responsibility really becomes apparent.

If you have received a letter from the Office Of The Public Guardian, please do not delay.

Call us now on 0203 653 0623, email reception@steenelaw.co.uk or complete a Free Online Enquiry and let us explain your rights and your options.

“I became aware that David and Dianne Steene at Steene Law Ltd were experts in Office of Public Guardian (OPG) investigations.

They guided me through a complex process to a completely successful outcome and it is clear that both David and Dianne not only have a depth and breadth of understanding in mental capacity law/Office of the Public Guardian/Court of Protection but also they are prepared to go that extra mile”

“Whilst grappling with unfamiliar issues concerning care arrangements for an elderly relative, I discovered Steene Law during an internet search. From the outset, David Steene was able to offer sound advice and his knowledge of the complexities involved in dealing with the local authority care and assessment protocols proved invaluable.

The satisfactory outcome eventually achieved would not, in my opinion, have happened without the support and intervention provided by Steene Law. The professional expertise offered, facilitated matters throughout a tortuous process.

It should be noted that the circumstances surrounding the financial affairs of my elderly and severely infirm relative turned out to be more complex than originally anticipated. Legal advice was definitely required and in this respect, David Steene’s in-depth knowledge was a much appreciated asset.”

K.M.

Who Are We?

Steene Law Elderly Care Law Specialists — *David & Dianne Steene Solicitors, with over 70 years’ experience in elderly care law.*

Steene Law consists of David and Dianne Steene.

We specialise in elderly care law and have over 70 years’ experience in the specialist legal area of elderly care law and care home fees.

We are here to help and advise you, so all initial enquiries are completely free of charge and without obligation: we do not want anything to prevent you from obtaining the best advice possible.

FACT: the number of OPG investigations is on the rise

You may be surprised to learn that the number of OPG investigations into the conduct of Attorneys has more than doubled in the last year.

The latest figures show that the OPG launched 2,883 safeguarding investigations in 2018/19 – an increase of 54 per cent compared with 1,871 the year before. As a result, the department recently announced it has taken on more staff to deal with investigations.

During the same period, the OPG also censured or removed 721 Attorneys – a figure which has doubled over the past two years. The most common reasons for doing so were either making improper gifts or not acting in a vulnerable person’s best interests.

Why might the Office Of The Public Guardian launch an investigation into my conduct as an Attorney?

The most common reason for receiving a letter from the OPG is an allegation that you (as the Attorney) have made a gift which is outside the very strict authority that the law allows.

In effect, this means accusations that you have overstepped your authority, by making a gift that was not in the donor’s Best Interests.

If you receive such a letter, it is important to seek expert advice and a call to Steene Law might be very useful.

To illustrate the issues involved, here are two recent examples of cases we dealt with:

(N.B. * All names have been changed to protect our clients’ and family members’ identities)

Case 1.

Our first client, ‘Carl*’ had a very vindictive sister. She made countless allegations against Carl, claiming that he was not acting in their mother’s Best Interests.

In fact, nothing could have been further from the truth. Carl was a devoted son and his sister, who had initially tried the Police but got nowhere, then made outrageous allegations to the Office of the Public Guardian.

Unfortunately, the OPG did not accept Carl’s word that his sister was being vindictive and they launched a very extensive investigation.

At stake was hundreds of thousands of pounds that Carl’s mother had given to him when she still had mental capacity.

We were able to demonstrate that Carl’s mother was, in fact, competent to give him the money and the revelations also exposed his sister in her true light.

The result was that our client’s Lasting Power of Attorney was not interrupted and the money his mother had given him when she had the mental capacity to do so, was not challenged.

Case 2.

A similar outcome was achieved for ‘Robert*’, a client who is managing nearly a seven figure sum on behalf of family members.

Due to advice given by a large regulated firm of investment advisors, Robert had unintentionally breached the strict rules which govern gifting.

The OPG launched an investigation and made multiple allegations. Robert was facing the very real prospect of criminal proceedings as well as civil action.

We were able to demonstrate to the OPG that Robert’s actions were carried out in the Best Interests of his family and, after many very anxious months, our client received a letter from the OPG Safeguarding Division stating that after extensive enquiry and investigation they did not intend to take any further action.

Understandably, Robert was delighted and immensely relieved at this outcome. Commenting about Steene Law, he said: “They’re miracle workers, they know the law, and they presented our case in a way the OPG accepted, and we understood. We were having sleepless nights until the day we were fortunate enough to find Steene law.”

The moral of both of these stories is this: The OPG will not hesitate to launch a safeguarding investigation if they have any reason to suspect an Attorney is not acting in a donor’s best interests.

If you have received a letter from the OPG and you are facing an investigation or LPA challenge, call us urgently for a free initial conversation, to find out how we can help.

Call us now on 0203 653 0623, email reception@steenelaw.co.uk or complete a Free Online Enquiry.

We are available from 8am to 7pm, Monday to Friday and will explain your options including how you can fight an unfair LPA challenge.

“I cannot thank David and Dianne enough for the effort and knowledge they displayed helping me deal with my Grandfather’s care and the subsequent legal battle that came with it.

I had a complicated and, to me, bizarre yet worrying situation that David and Dianne both worked tirelessly on.

My Grandfather was a WWII veteran and was neglected and treated as a statistic by a care home and a rather unforgiving council.

I’m grateful that David and Dianne not only got the result I needed, but made it simple to understand and took away a lot of stress. I have recommended them to many others and will continue to do so. Forever grateful!”

C.W

Mike Crawford

16 January 2024

I cannot speak highly enough of the helpfulness, professionalism and most of all the empathy shown by David Steene in my recent correspondence with him. My sincere thanks and I would honestly recommend this Firm to others without hesitation.

Jane James

6 January 2024

I cannot thank Mr. David Steene enough, a wonderful, kind and genuine gentleman who always had time to listen and had great compassion. I had never heard of deliberate deprivation of assets until I was accused of it, by my Local Authority. Brought about when my mother had to go into a care home, she'd had a mild stroke and early onset dementia, aged 92. I knew that this accusation was untrue, it was unkind, extremely stressful and had a huge impact on my family, including my mother. I sought help from Mr. Steene, to prove my innocence and hep my family. I chose his company, as they were experts in this field and already had brilliant reviews. Mr. Steene listened to what I had to say, was interested and asked me appropriate questions. He had so much information and knowledge with regards to Local Authorities and DOA, which he kindly explained to me in understandable words. Mr. Steene advised me what to do and to get back to him if I required further help. The phone call was followed up with a comprehensive E mail. My battle with the Local Authority commenced. After 13 months the accusation of DOA was dropped. I could not have fought this battle without knowing that Me. Steene was always available when I required further help and advice. He always answered me with professionalism. He would have taken on the case if I had failed. Mr. Steene pointed me in the right direction and gave me the encouragement and confidence that I needed. I cannot thank him enough. The receptionists who answered the phone, were always professional and helpful and always took a detailed message to pass on to Mr.Steene. A wonderful team, an efficient, professional company. I highly recommend them. A photo of my mum and my son. We are human beings.

Marcus Mackay

14 December 2023

David and Dianne provided myself and the rest of the family with sound advice in a thoughtful and genuinely caring way. While clearly expert in what he does, talking to David was like dealing with an old friend. In our case, my father had Alzheimer's and we needed to organise care, David and Dianne provided invaluable advice on how to navigate through the UK's dysfunctional NHS and adult "care" system in order to get the best possible support. As a word to the wise, be prepared for a battle and I am sad to say it, do not trust anything the council or NHS workers say, they are under immense pressure to get you to sign documents which will give them control of the situation and their only metric of success is to get hold of your money and have you pay for your care! Clearly looking after my father was our number one priority, but money does matter especially as care costs can easily exceed a thousand pounds a week. This means that the money my father had saved through his long working life was being burned through at a ferocious rate, so slowing down the council was key to ensuring that they couldn't eat into the value of my mother and father's house. It is disgusting that successive governments haven't put a cap on the amount you are expected to pay for care. I have no interest in inheritance, but I don't want my mother to be worried about owing the council money in her final years. So back to David and Dianne, they will both help you in their fields of expertise, but also point you to other aspects of the situation such as legal matters that you may want to consider. In the end, it is all about looking after people when they are at their time of greatest need and against that measure I can't think of a more capable, dedicated and compassionate couple than David and Dianne. This is a picture of my father and mother just as Alzheimers took hold of my father 5 years ago, he died on the 5th of December 2023.

warren appleby

11 December 2023

It was David's advice and knowledge that guided me through the OPG forms. He gave me confidence that I could deal with this on my own! I went on to prove my case with no further action taken! Highly recommend!!

Avis Caddy

3 November 2023

The law around paying care home fees is complicated. We were faced with a Local Authority who refused to give us a property disregard. We called David, and he told us on that first call that we would win, and he would succeed in a care home fees property disregard application. Our Local Authority dug their heels in, and each time they said no, David and Dianne, who are expert solicitors in paying for care fee law, explained why we were right, and why the care fees property disregard applied, and why the Local Authority were wrong. We won! The property was disregarded for care fees. David succeeded in getting the relatives’ property disregard which meant that our family member is secure in their care home, and we will not lose the roof over our heads. David, we can't thank you enough!

Lesley Mckenzie

14 September 2023

Had a particular problem with social services trying to claim a contribution towards my ex-husbands care after separating some 10 years ago but without divorcing. David reassured me that I was not liable so very grateful to him and explained the process going forward. Invaluable help cannot thank him enough

Mike Bravery

17 August 2023

I emailed David Steene late one evening and he kindly called me am the next ...excellent response. David was very professional and my question in his opinion would be better answered by another company. David sent me the appropriate link. He also reassured me that if I needed his expertise he would be very pleased to hear from me. Excellent service thank you David

andrew fry

14 August 2023

David and his wife gave us unprecedented realistic advice and clearly out too help people not take advantage of them. Many Thanks We hope to be in contact again shortly

Jean M Sheaf

7 August 2023

David acted on our behalf to petition our local authority to reconsider their incorrect decision of deprivation of assets, where monies were gifted before care was needed. He was honest, thorough and professional throughout. We would heartily recommend him to fight your case if you have also fallen foul of the system like we did.

Barton Bank

3 August 2023

I have spent over forty years working in law but a care issue arose that was well outside my area of expertise. I emailed Steene Law as they specialise in the area of care law and David Steene responded immediately. He provided excellent and timely advice on a number of occasions and, when a dispute with the local authority over care costs came to a head, one email to the LA from David caused them to immediately back down. I have no doubt that, without his assistance, the LA would have stood their ground. I shudder to think how unrepresented family members are treated by local authorities. If you are ever in a situation concerning care for a loved one do not try and do it yourself. Get a solicitor and, if possible, get this firm.

What Our Clients Say