OPG update

The Office of the Public Guardian would like to make Society members aware of two recent developments. The first on interpretation and the second on fees for partial revocations.

How the Public Guardian will interpret words and phrases in powers of attorney

The Office of the Public Guardian is aware of a number of instances where uncertainty has been caused by the way in which certain powers of attorney have been drafted, in particular where there is more than one attorney appointed and what is to happen if an attorney resigns, loses capacity or dies.

Questions have arisen as to the operation of such powers of attorney, and also in which circumstances they come to an end. This is a particular issue where the power of attorney becomes operational and the granter no longer has capacity, meaning it cannot be amended to accurately reflect the granter’s intention. In light of this, guidance has been issued to outline how the Office of the Public Guardian will treat such powers of attorney.

Fee for partial revocations to reduce

The Office of the Public Guardian has reviewed its Power of Attorney Administrative Updates policy and has reduced the fee payable when a partial revocation is registered.

Therefore from 3rd June 2024 a fee of £27 will be payable for the provision of a new certificate and copy of the power of attorney document. This applies to partial revocations subscribed on and after 30th October 2023. Please note that if there are more than 10 pages in the document, an additional 50p per page applies.