OPG investigation remit re power of attorney

  • I wonder if anyone here can give me some advice re the powers of the OPG when conducting investigations as they themselves have sent me apparently conflicting information. We registered power of attorney docs 3 years ago for my father when he had full capacity. I am an attorney. He was assessed as having capacity back in April 2022 but then on August 30th as not having capacity to make decisions. The OPG have told me that they 'can' only investigate concerns since a donor lost mental capacity but depending on the evidence they receive re mental capacity may also investigate concerns prior to this date. They have asked for documents dating back to April 1st and also about a loan (mostly paid back now) he gave me in 2020. That doesn't make sense to me. Either they have the authority to investigate before the donor loses capacity or they don't. Hoping someone here can clarify! Thanks!


  • Keep_pedalling
    Keep_pedalling Posts: 16,764 Forumite
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    Once the donor has lost capacity they will investigate if they have received a complaint, but they can go back to earlier date as the donor can no longer provide them with info themselves. If the complaint involves alleged coercion or fraud then they can go back as far as they need to.
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