Office of Public Guardian Investigation - please help

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wendb69
wendb69 Posts: 272 Forumite
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in Deaths, funerals & probate
A friend who has been looking after their Father, and has had an LPA enfored in the last year, has received a letter from the Office of Public Guardian who wish to investigate the finances. There is definitely no foul play.


However, the letter was received today and their Father died at the weekend.


Am I right in saying that the OoPG will NOT investigate if the person has died?
Regards
[B[/B]
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  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
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    If they suspect there has been fraud then it will have happened before the death. IMHO they would be failing in their duty if they did not do regardless of the donor having died.
  • Keep_pedalling
    Keep_pedalling Posts: 16,625 Forumite
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    This would only happen if th OoPG had received a complaint from someone else. Does your friend have any siblings?
  • securityguy
    securityguy Posts: 2,462 Forumite
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    Yorkshireman99 wrote: »
    If they suspect there has been fraud then it will have happened before the death. IMHO they would be failing in their duty if they did not do regardless of the donor having died.

    This case:

    http://www.39essex.com/cop_cases/re-joan-treadwell/

    makes it quite clear that such actions can take place after death.
  • wendb69
    wendb69 Posts: 272 Forumite
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    Managed to find this on the Scottish site. Looking for something similar for England.

    What does the Investigation Team NOT do?
    We do not:
    • Investigate concerns relating to an adult’s personal welfare.
    • Attempt to resolve any personal or family disagreement.
    • Retrieve debt of any kind owed to a third party by the adult.
    • Investigate concerns relating to a capable adult or continue to investigate concerns/complaints if medical evidence confirms that an adult is capable of managing theirown finances.
    • Commence or continue to investigate following the death of the adult.
    Regards
    [B[/B]
  • wendb69
    wendb69 Posts: 272 Forumite
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    securityguy wrote: »
    This case:

    http://www.39essex.com/cop_cases/re-joan-treadwell/

    makes it quite clear that such actions can take place after death.

    Can you help me in locating the paragraph in which it says this. Also is his for a matter in England??
    Regards
    [B[/B]
  • wendb69
    wendb69 Posts: 272 Forumite
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    Keep_pedalling wrote: »
    This would only happen if th OoPG had received a complaint from someone else. Does your friend have any siblings?

    1 sibling that has done nothing for 10 years and was suspended as a previous attorney.
    Regards
    [B[/B]
  • wendb69
    wendb69 Posts: 272 Forumite
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    securityguy wrote: »
    This case:

    http://www.39essex.com/cop_cases/re-joan-treadwell/

    makes it quite clear that such actions can take place after death.

    It's say that OoPG had pursued it as they had been "actively" involved before her death. This hasn't been the case here. 1st letter a week after death.
    Regards
    [B[/B]
  • leespot
    leespot Posts: 554 Forumite
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    The only people that will be able to tell you if they will continue to investigate is the OoPG - your friend needs to phone them and ask.

    Sounds to me like the other sibling has spat their dummy out and made a complaint. Is there an estate that they are also being cut out of now their father has died?
  • securityguy
    securityguy Posts: 2,462 Forumite
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    wendb69 wrote: »
    It's say that OoPG had pursued it as they had been "actively" involved before her death. This hasn't been the case here. 1st letter a week after death.

    Unless the previous suspension of another attorney is sufficient. As others have said: the only answer is to speak to the OPG.
  • troubleinparadise
    troubleinparadise Posts: 1,120 Forumite
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    Wendb69 - hopefully your friend has kept good records and orderly paperwork in her dealings as Attorney for her father.

    If that is the case, then she should have nothing to fear from the OPG.

    The OPG will investigate if they feel there is a good case to do so; the death of the Donor wouldn't stop an investigation if it was felt necessary. However, the OPG is not unaware that complaints aren't always true - so again, if there is no wrongdoing then there is nothing to worry about.
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