Reflections on Recent OPG Investigation Cases

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.

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”

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