Property and affairs attorney/deputy: How to respond to a query from the OPG

 

Sadly, financial abuse does occur; this is why it is important that the OPG follow up on concerns raised. Though many reports of concerns can originate from uncertainty as to how to manage the affairs of another. It is a challenging role and mistakes can be made. 

Receiving a request for information from the OPG can feel daunting. It is important to remember that the role of the OPG is to safeguard those who are vulnerable, whilst supervising those in a position of power, such as an attorney or deputy. It does not necessarily mean that your role will be taken away, but they have a duty to investigate when legitimate concerns are raised. 

If you find yourself having to deal with such a query and needing to justify your actions; there are some simple steps you can take to ensure the process goes smoothly:

What to do if you receive a query from the OPG

• Stay calm and approach the concern systematically 
  The OPG are seeking information in the initial stages and it is not necessarily a prelude to court proceedings. Try to approach the matter calmly and methodically.  
  
  
• Consider the query carefully
  The OPG will have considered the concern as thoroughly as they can. Therefore, read the query carefully to establish exactly where the concern has originated and what information they are looking for. 
  
  
• Establish what information is required
  They will generally be specific in the requests they make. Ensure you understand what information is being requested. If you do not understand, contact the OPG to seek clarity. 
  
  Collate information thoroughly
  To ensure the query is dealt with quickly and efficiently, ensure you gather all requested information and provide detailed responses. If they have asked for financial records, ensure you have provided these for the relevant date ranges and specific transactions. 
  
  
• Maintain good record keeping
  Part of the role of attorney or deputy is to ensure that financial records are kept and maintained so that they are readily available upon request. 
  
  Provide detailed explanations
  There may be instances where evidence cannot be provided for a specific transaction or decision. For example, if a transaction is queried and you cannot find/do not have the relevant receipt/financial record. In such instances, ensure you provide a detailed explanation as to why you do not hold this or why there may not be one. 
  
  
• Give relevant background information
  The OPG will have limited information as to why a decision was made or a transaction occurred. Give as much information as possible; including any background details as to circumstances, family dynamics, wishes and feelings of the person you are acting for. This will help build a complete picture for the OPG and help them to understand why a decision was made. 
  
  
• Cooperate fully
  Do not ignore the OPG’s requests. Failing to provide information, providing insufficient information or information that is late, will result in the matter being escalated and potentially lead to court proceedings. If a deadline is given, ensure it is complied with. If there is a reason it cannot be complied with, let them know. 
  
  

• Comply with any direction
  If an issue does arise that requires further action, the OPG and/or court may give directions on how best to deal with this. For example, if it is found that a gift was made for which authority from the court was needed, they may request that an application is made seeking retrospective authority for that gift. Ensure that such directions are complied with in a timely manner. 
  
  
  If you are unsure about how to respond to a query or if financial abuse is suspected, seek legal advice. Using a Lifetime Lawyer will give you peace of mind that you’re talking to a specialist who can give you the right advice and support.

Lauren Eyre

Associate, Kingsley Napley LLP 

Lauren assists individuals who lack capacity to manage their financial affairs. She is responsible for the management of accounts, property and investments of those who lack capacity to do this independently. This often includes preparing complex applications to the Court of Protection dealing with issues of gifting, property sales, Statutory Wills/codicils and the appointment of deputies in place of an Attorney. Lauren is dedicated to ensuring that the best quality of life for her clients can be achieved, in order to achieve outcomes in their best interests. 
 
Lauren has vast experience of working on cases referred through the Court of Protection panel. Predominantly working with vulnerable individuals who have suffered financial abuse. Lauren has conducted investigations into suspected financial abuse on request by the court and can provide advice and expertise in dealing with investigations of attorneys/deputies by the Office of the Public Guardian. Lauren also has experience working those that have suffered medical negligence resulting in serious brain injuries and long-term impairments. Lauren is also the main point of contact for clients, carers and family members and is able to provide support and guidance for those connected to someone who has lost capacity. Lauren values the need to deal with these issues in a sensitive manner, whilst also ensuring that the needs of her clients are at the heart of her work, this can often involve making complex and life changing decisions in her client’s best interests.