Question to the Ministry of Justice:

To ask the Secretary of State for Justice, whether his Department plans to introduce mandatory safeguarding training for individuals granted Lasting Power of Attorney.

The Office of the Public Guardian (OPG) is improving public awareness of its role and responsibilities by working with organisations that support its customers and can help extend the reach of its information. Through webinars, meetings and targeted engagement with legal, finance, charity, health and social care sectors, OPG provides timely information about its services, including Lasting Powers of Attorney (LPA), and helps stakeholders support the public's understanding more effectively.

In addition, OPG continues to raise awareness of LPAs through its Your Voice, Your Decision campaign, which is delivered in locations across England and Wales. OPG also uses its digital channels and GOV.UK content to provide information about its role and services, and how customers can access support and guidance.

OPG does not have current plans to introduce mandatory safeguarding training. There are several ways throughout the LPA process where OPG supports attorneys to manage a donor’s welfare, property or financial affairs once a donor loses capacity. Following registration, OPG outlines their legal responsibilities and signposts them to further guidance, including the Mental Capacity Act Code of Practice and GOV.UK guidance on being an attorney, for example ‘Getting started as an attorney’ and ‘How to be an attorney’. OPG’s Contact Centre also provides support to attorneys when handling calls, signposting to online guidance or forwarding to a separate team to give specialised advice and signposting when there are potential safeguarding concerns. This guidance is currently being updated to ensure it continues to support attorneys in understanding and carrying out their responsibilities effectively.

OPG does not consider that mandating personal financial statements by all attorneys would be proportionate, as LPAs are private legal arrangements which allow a person to choose who they trust to make decisions on their behalf should they lose capacity. Under the Mental Capacity Act 2005, a donor must have capacity when making an LPA and is entitled to make their own decisions about who they trust to act on their behalf. The LPA framework therefore reflects the importance of donor choice and autonomy. There are statutory eligibility requirements and safeguards which mean some people cannot be appointed as attorneys for property and financial affairs, including individuals who are bankrupt or subject to a Debt Relief Order.

OPG can investigate concerns raised about an attorney's conduct and, where appropriate, apply to the Court of Protection to remove attorneys who are not meeting their duties under the Mental Capacity Act 2005. OPG works closely with the financial services sector, including through its engagement with UK Finance, to ensure financial institutions understand when and how to report suspected fraud, financial abuse and other safeguarding concerns involving attorneys and deputies. Financial institutions can and do raise concerns with OPG through established reporting routes, enabling concerns about an attorney's conduct to be investigated.