The Office of the Public Guardian (OPG) or Public Guardian is often referred in matters related to mental capacity and the various roles that exist under the Act.
The Public Guardian is the ‘officer’ established through the Mental Capacity Act (2005) (sections 58-60) who is appointed by the Lord Chancellor. The Officer of the Public Guardian (OPG) work under the Public Guardian to complete the responsibilities set out within the Act, with a key purpose to protect the rights of those who may lack capacity to make specific decisions, upholding the five principles of the Act in practice and support future decision-making.
Their specific responsibilities cover a range of areas associated to forming, monitoring, supervising and investigating concerns of lasting powers of attorney, deputies and guardianship orders. They are further responsible for reporting to the courts.
Associated to this, the Public Guardian must produce an annual report of its work to the Lord Chancellor, that is then put before Parliament and later published for public access.
For more information the UK government website is a valuable resource, providing a wide array of guides, frequently asked questions and support.
There are also helpful guides from the Public Guardian, such as for the ‘OPG’s approach to family care payments’ regarding gratuitous care for deputies which was updated at the beginning of this year (2026).