Your Rights as Attorney: When to Question an OPG Investigation

Published 16 December 2025 · 12 min read · Court of Protection

Receiving an investigation letter from the Office of the Public Guardian can be shocking and distressing — especially when you have done nothing wrong. Many attorneys feel powerless against what seems like an unstoppable bureaucratic process.

But you have rights. And the statistics are on your side.

According to the OPG's own Annual Report for 2023-2024, 77% of investigations resulted in no further action. That means more than three-quarters of investigated attorneys and deputies were found to have done nothing wrong.

This guide explains your rights as an attorney under investigation, when the OPG may have overstepped its authority, and how to challenge unfair treatment.

The Problem with OPG Investigations

The OPG performs an important safeguarding function. But the investigation process has significant flaws that can cause real harm to innocent attorneys.

Anyone Can Make a Complaint — Even Anonymously

There is no filter for malicious or unfounded complaints. Anyone can report concerns to the OPG, including:

• Disgruntled family members with inheritance disputes
• Estranged relatives who disagree with care decisions
• Step-siblings with long-standing grudges
• Banks or care homes making assumptions
• Anonymous complainants with unknown motives

If the complaint meets the OPG's criteria, an investigation will be launched — regardless of whether the allegation has any merit. The OPG is not interested in the motives of the person who raised the concern.

Short Deadlines, Lengthy Forms

When an investigation begins, you will receive a letter along with the OPG5 form — a lengthy document asking detailed questions about how you have managed the donor's affairs.

The OPG typically gives two weeks from the date of the letter to complete and return the form. But letters are often posted, meaning they may arrive a week after the date shown — leaving you just days to respond.

Your Rights as an Attorney Under Investigation

Right to Access Medical Records

In November 2021, the OPG issued guidance confirming that attorneys holding either type of LPA (Property & Affairs or Health & Welfare) should be able to access the donor's relevant medical records.

This was a significant change. Previously, the OPG could obtain medical records under the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007 — but attorneys often struggled to get the same information.

Right to Request an Extension

The two-week deadline is not absolute. You can request additional time, particularly if:

• The letter arrived late
• You need to gather bank statements from multiple years
• You need to obtain medical records
• You want to seek legal advice
• The complexity of the donor's affairs requires more time

Right to Complain

If you believe the OPG has handled your case poorly, you have the right to complain. The OPG operates a two-tier complaints procedure:

If you remain unsatisfied after both tiers, you can ask your MP to refer your complaint to the Parliamentary and Health Service Ombudsman for independent review.

When the OPG Has Overstepped

The OPG is not infallible. The Parliamentary Ombudsman has upheld complaints against the OPG in cases including:

Case: Failed Supervision

The OPG took four years to identify that a deputy's actions were inappropriate and beyond the remit of their court order. Despite receiving annual reports, the OPG failed to spot excessive gifting. The Ombudsman found that the OPG "could have acted sooner" and "should have supervised the deputy better."

Outcome: Complaint partly upheld. OPG paid £200 compensation for stress plus £300 for underpaid expenses.

Case: Wrong Information and Delays

A woman contacted the OPG about concerns regarding her father's attorneys. The OPG initially told her it could not investigate. By the time the OPG corrected this and confirmed it could investigate, her father had died — and the OPG's jurisdiction ended.

Outcome: Complaint partly upheld. Total compensation of £500.

OPG Jurisdictional Limits

The OPG cannot investigate everything. Understanding these limits can help you identify whether an investigation is even appropriate.

If an investigation has been launched despite falling outside these criteria, you can challenge whether the OPG has jurisdiction at all.

How to Respond Strategically

Don't Panic

Remember: 77% of investigations result in no further action. The statistics are in your favour if you have genuinely been acting in the donor's best interests.

Stay Factual, Not Emotional

When completing the OPG5 form, focus on facts. Explain what you did and why it was in the donor's best interests. Avoid emotional language, accusations against the complainant, or expressions of outrage — however justified you may feel.

Consider Professional Help

For complex cases or where significant sums are involved, specialist legal advice can be valuable. Document drafting services can also help you present your response clearly and professionally.

Summary: Key Points to Remember

• 77% of investigations result in no further action — most attorneys are cleared
• You can request deadline extensions — the OPG must act reasonably
• You have the right to access the donor's medical records (since November 2021)
• Malicious complaints can trigger investigations — but that doesn't mean you will be found at fault
• The OPG has jurisdictional limits — check whether they can even investigate
• You can complain to the Parliamentary Ombudsman if the OPG handles your case poorly
• The OPG has been found to have made mistakes in the past

Related Guides

• How to Respond to an OPG Investigation
• How to Report a Concern About an Attorney or Deputy

Official Resources

• Office of the Public Guardian (GOV.UK)
• Medical Disclosure Guidance (GOV.UK)
• OPG Complaints Procedure (GOV.UK)
• Parliamentary and Health Service Ombudsman