Performing the role of Attorney for a family member or friend is not a task that should ever be taken lightly. Not only is there a huge weight of expectation from the Donor but there is a duty to perform the tasks required to the letter of the law. And at any stage, there is the potential for a complaint to be raised by another party based on the perceived actions or omissions of the Attorney.
At Steene Law, a significant amount of our time is spent acting for people who have been asked to justify their actions as Attorneys by the Office of the Public Guardian (OPG).
Call us now 0203 653 0623 or complete a Free Online Enquiry and we will tell you the next steps you need to take and how we can help you.
Often, the very first that is known of a complaint is when an Attorney receives a 15-page letter from the OPG, and the reaction is “I am being investigated by the OPG “-Why?? to which a response is required within an impossibly short period of time. Attorneys in receipt of such a letter are often completely unaware of any wrongdoing and are fearful of what may happen next.
Unfortunately, due to the wide investigatory powers of the OPG, what can follow is an intrusive and upsetting process.
The broad powers of the OPG and OPG investigations procedure
When we first speak with an Attorney who has requested our help, after receiving a letter regarding concerns raised from the OPG, we outline the investigative process that will now happen. This ensures they are ready and prepared. We also explain the extremely wide scope of the investigative powers of the OPG as a government body, including their ability to access private records from a range of sources, and that this may feel intrusive. These powers come as a shock to most of those who seek our assistance.
From an information-gathering perspective, the OPG have the legal authority when investigating an Attorney to obtain the Donor’s GP medical records and request and review information from Social Services, HMRC, or any other public sector service. They can also take action which may surprise some, including sending a social worker (referred to as a Visitor) or a psychiatrist (referred to as a Special Visitor) to visit the Donor without the knowledge or consent of the Attorney.
“I cannot speak highly enough of the efforts that both David and Dianne Steene made on my behalf, upon my receiving notice from the Office of the Public Guardian that I was under investigation for failing to exercise my Attorney responsibilities sufficiently, in respect of my wife’s health and wellbeing.The accusations were false and were being made in an attempt to silence me, and to cover up the failings of both the NHS and the local County Council.
An OPG investigation is a frightening and distressing experience, and the support of both David and Dianne was comforting and reassuring.
They both worked tirelessly in ploughing through the vast amount of evidence that I provided, which wasn’t just going the extra mile, it was a marathon.
Their letter to the OPG was a masterstroke in presentation and their advice in answering the OPG’s questions was spot on.
Their knowledge of how the system works is faultless and I would urge anyone in a similar situation to me to contact Steene Law and in so doing receive the very best advice befitting their circumstances.
The OPG closed their investigation and stated that I had acted in the best interests of my wife.
Thank you David and Dianne.”
MF
Problematic Practices by the OPG when carrying out investigations
In recent months, we have observed that the OPG are carrying out their OPG investigations in a manner that is problematic. We wonder if it is in the Donor’s best interests. One such concern is that as a result of COVID-19, many “visits” are conducted remotely via video call (e.g. Zoom), resulting in many elderly people grappling with the technology or struggling to hear or be understood.
Another major concern is that the OPG often does not take the time to explain the situation and process to the Attorney, leaving them confused and worried; this is an issue that has been flagged by nearly all of our recent clients. As a result, the only time that our clients have had the process, situation, and scope of powers explained to them fully is when they have spoken to one of our team.
We take the time to reassure our clients and explain that there are quite often innocent explanations for what the OPG may allege are breaches of the Attorney’s authority. Just because they are investigating does not mean that any wrongdoing has occurred. In recent cases, Attorneys have been accused of making unauthorised gifts, such as transferring an asset, selling an asset at less than market value, making interest free loans, or living in a parent’s property “rent-free”. But on further analysis, we have been able to establish that in most cases, there are wholly legitimate reasons why either the Attorney has taken such action, or, unbeknownst to the complainant, they were requested to do so by the Donor.
Final thoughts
Receiving a 15-page letter from the OPG, advising you that you are being investigated due to concerns raised by a third-party in your role as an Attorney can lead to considerable worry and anxiety, especially when this has landed ‘out of the blue’, and there is no basis for any complaint.
Understanding exactly what a OPG investigation means, their process, what will happen next, and what we can do, offers considerable reassurance to those who have received such a letter and call us.
Make A Free Enquiry
If you are an Attorney who has received an OPG investigation letter, please give us a call for a free chat on 0203 653 0623, email reception@steenelaw.co.uk or complete a Free Online Enquiry and we will be delighted to help you.
We are happy to talk through the OPG’s investigation procedure, their powers, and the best next steps to take.
We are available from 8am to 7pm, Monday to Friday.
“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”
GC