Office of Public Guardian Investigation - please help

Keep_pedalling

wendb69 wrote: »

1 sibling that has done nothing for 10 years and was suspended as a previous attorney.

I am willing to bet that person is the source of the complaint.

wendb69

***UPDATE***


Just to let you know, that the OPG has confirmed that as the person (whose LPA is was) has died, they will not start or proceed with any investigation.

Yorkshireman99

wendb69 wrote: »

***UPDATE***


Just to let you know, that the OPG has confirmed that as the person (whose LPA is was) has died, they will not start or proceed with any investigation.

If there was fraud that would be appalling.

getmore4less

These are current E&W OPG guidlelines


https://www.gov.uk/government/publications/safeguarding-policy-protecting-vulnerable-adults/sd8-opgs-safeguarding-policy

16.2
OPG doesn’t have legal power to investigate in these cases:

Concerns about the actions of former deputies or receivers
If there are concerns about the actions of a deputy whose appointment has ended, or a former receiver (someone whose appointment ended before 1 October 2007), OPG will usually advise that it’s a matter for the current deputy, if there is one, to deal with. This includes where the former deputy or receiver has died.

If the Court of Protection ends a deputyship because of concerns about the deputy’s actions, the court may order any new deputy to investigate the former deputy or receiver.

Sometimes concerns are raised after the client has died. Any deputyship ends when the client dies. It’s then the responsibility of the client’s personal representatives to deal with any investigation. In cases where a deputy has been discharged, or the deputy or client has died, and OPG has concerns about possible financial abuse, we can call for a final report from the former deputy (or the personal representatives of the deputy if the deputy has died).

If the Public Guardian is not satisfied with the report, we may apply to the Court of Protection for enforcement of the security bond (a sum of money, a bit like an insurance policy, that’s paid to the bond provider to protect a client’s money) under Regulation 40 of the Public Guardian Regulations 2007. This only applies to deaths or discharges after 1 October 2007.

Malthusian

Yorkshireman99 wrote: »

If there was fraud that would be appalling.

If there was fraud you would expect the executors or the beneficiaries who lost out from the fraud to sue.

And if the fraud meets the criminal threshold it would be a matter for the police and the Crown Prosecution Service.

*edit* The job of the OPG is to protect the interests of those who cannot make decisions for themselves - that person no longer needs the OPG's protection, and the interests of their beneficiaries are not the OPG's remit.

Yorkshireman99

Malthusian wrote: »

If there was fraud you would expect the executors or the beneficiaries who lost out from the fraud to sue.

And if the fraud meets the criminal threshold it would be a matter for the police and the Crown Prosecution Service.

*edit* The job of the OPG is to protect the interests of those who cannot make decisions for themselves - that person no longer needs the OPG's protection, and the interests of their beneficiaries are not the OPG's remit.

I agree that the PR should take action but it is the OPG washing their hands that seems so wrong. Any fraud that took place under their oversight IS their responsibility.