Successful Defences Of OPG Investigations By Steene Law
We were delighted to receive a message from our client, who is an Attorney for his mother, to say that he had had a letter from the Office of the Public Guardian (OPG) closing their investigation into his actions and confirming that they were satisfied that he had always acted in the Best Interests of the Donor. Whilst the OPG performs an important function in safeguarding vulnerable adults who may be being financially abused by their Attorneys, at Steene Law we act for many clients who are the subject of OPG investigations, that seem to be based on grudges from stepsiblings.
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.
Sometimes, when an Attorney has a difference of opinion with Social Services or is in a legitimate dispute over care fees with the Local Authority, they will be reported to the OPG, and it will be alleged that the Attorney not acting in the Donor’s Best Interests.
What Happens Next?
The OPG then launch an investigation, and this results in a letter being received by the Attorney, giving them only a few weeks to reply to an extensive list of questions and produce bank statements for many years, often from the date of registration of the Lasting Power of Attorney, even if they were not acting as an Attorney at that time. The Information Provision form and Financial Account form which the Attorneys are sent are 15 pages long.
Even if an Attorney has acted scrupulously in the Best Interests of the Donor all the time, it is a huge task for them to complete these forms, explaining all payments and receipts, giving details of income, assets, investments and trying to justify to the OPG investigator how they have always made decisions for both health and welfare as well as finance, in the Best Interests of the Donor.
At Steene Law we are happy to assist Attorneys with the completion of these forms, so as to show the OPG that they have always acted in the Best Interests of the Donor.
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.
Sometimes, the OPG will be interested in what appear to be gifts, made by the Attorney to themselves. An Attorney’s ability to gift is very restricted under Section 12 of the Mental Capacity Act 2005. When an Attorney signs a Lasting Power of Attorney to agree to act as Attorney, they are almost always unaware of these restrictions.
At Steene Law, we help Attorneys to show that any gifts made have been within these rules.
Sometimes, if the OPG take the view that the Attorney’s actions have amounted to breach of authority contrary to Section 4 of the Fraud Act, then they will report the matter to the Police. At Steene Law we work hard with Attorneys to explain their behaviour and to protect them from being involved in criminal sanctions.
Make A Free Enquiry
Steene Law specialise in elderly care law. Please do not delay, please call us now 0203 653 0623, email reception@steenelaw.co.uk or complete a Free Online Enquiry and we will be delighted to help you.
We are available from 8am to 7pm, Monday to Friday.
“My father and I were subject to an OPG investigation that came out of the blue, a very unsettling and worrying time after receiving the 16 odd page letter from them.
A quick google search and I found David at Steene Law, I jumped straight on the phone and almost immediately felt like I was in good hands.
His calming tone, reassurance and professional help throughout the whole investigation was nothing short of perfection.
His ‘I’ve got this’ mantra really showed he cares, always on the end of the phone or an email if you need him. His knowledge of this area brought the investigation to a swift and successful conclusion for us as a family.
I honestly couldn’t recommend David and Dianne highly enough. He really does have a vast knowledge of this area of the law and I can’t quite put my finger on exactly how he made me feel, but needless to say I knew I was in good hands.
Anybody that thinks they know more or better than David I guarantee you don’t !! Let him take the reins and follow his lead.
David I salute you and thank you ever so much for all your professional help.”
Mr P
“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