This paper aims to examine the investigation process employed by the Office of the Public Guardian (OPG). This process is used whenever an allegation of abuse is received against…
Abstract
Purpose
This paper aims to examine the investigation process employed by the Office of the Public Guardian (OPG). This process is used whenever an allegation of abuse is received against either an attorney acting under a registered lasting or enduring power of attorney or against a deputy appointed by the court of protection to make decisions on behalf of someone who lacks the capacity to make those decisions themselves.
Design/methodology/approach
Case studies are used to demonstrate both how the investigation process works in practice and how one works in partnership with other organisations to help safeguard vulnerable adults.
Findings
The OPG works in partnership with a range of other relevant organisations to protect vulnerable adults from financial abuse. It details the types of activities, the OPG investigating officer may undertake to examine allegations of abuse and the targets set to help ensure any allegations are investigated promptly and effectively.
Originality/value
The duties bestowed upon the public guardian under the Mental Capacity Act (MCA) 2005, together with a general growing awareness of financial abuse, have had a significant impact upon the work of the investigations team. The case studies included exemplify the kinds of outcomes in cases of abuse and also demonstrate how Attorneys are subject to the same investigative scrutiny as court appointed deputies.
Details
Keywords
This paper aims to summarize the work of the Court of Protection.
Abstract
Purpose
This paper aims to summarize the work of the Court of Protection.
Design/methodology/approach
The paper outlines the history and range of applications within the jurisdiction of the Court, drawing from the Mental Capacity Act and the Code of Practice. Reference is made to annual reports of the work of the court which profile its workload. Finally there is a review of a line of case law dealing with the question of media attendance and reporting of cases before the court.
Findings
The Court in its current form was established under The Mental Capacity Act, 2005 and is a significant decision‐making body in the UK within adult safeguarding practice concerning adults whose decision‐making capacity is impaired. The implications of several specific cases are discussed.
Originality/value
This paper provides a unique insight into the work of the Court of Protection and the implications of recent decisions by the Court for adult safeguarding.