The Office of the Public Guardian (OPG), responsible for overseeing lasting powers of attorney in England and Wales, is experiencing significant operational strain amid a surge in applications and rising concerns about potential abuse. The agency, which protects the financial and health interests of individuals who have lost the capacity to make decisions independently, is facing delays and increasing workloads that are challenging its ability to respond effectively to complaints.
Applications for lasting powers of attorney have more than doubled in recent years, rising from fewer than 700,000 in 2020-21 to nearly 1.6 million currently. This surge has placed considerable pressure on the OPG’s resources, particularly the investigations team tasked with addressing allegations of misuse or abuse. The number of concerns reported to the office increased by 17 percent over the last year, reaching 13,183. Yet, only about 28 percent of these reports are investigated, with the remainder redirected to other services. The average investigation duration has extended to 198 days—nearly three times the OPG’s 70-day target.
Experts attribute some of the rise in applications to the resolution of a backlog caused by the COVID-19 pandemic, improvements to the online application system, and a rush of submissions before the introduction of new fees. However, staffing levels at the OPG have only increased by 39 percent since 2018, lagging behind the 86 percent growth in applications.
Legal professionals warn that the backlog and limited resources have led to some allegations of abuse being dismissed in the absence of substantial evidence. Lawyers report prolonged delays in resolving cases, in some instances exceeding a year, and have expressed frustration at the lack of communication from the OPG and the Court of Protection, which handles related legal matters.
The situation has been further complicated by a June Supreme Court ruling that revised the definition of “deprivation of liberty.” This ruling introduces new legal ambiguity for care homes regarding the consent of patients who have diminished mental capacity, complicating assessments that previously relied on established tests.
Heledd Wyn, a solicitor at Rothley Law, described the current circumstances as a “perfect storm of delays,” citing increased application volumes, overwhelmed courts, and growing numbers of flagged abuse cases. She warned that many cases of abuse might remain unreported or unresolved due to systemic pressures.
Recent high-profile criminal cases illustrate the serious consequences of power of attorney abuse. In June, a couple in Liverpool was sentenced to six years in prison for misappropriating funds and assets from the husband’s elderly parents, spending tens of thousands of pounds on personal luxuries. Similarly, in September 2025, Paul Flowers, former chairman of the Co-Operative Bank, received a three-year sentence for defrauding an elderly friend with Alzheimer's, diverting tens of thousands of pounds for personal use.
An OPG spokesperson acknowledged the pressures faced by the office and highlighted recent efforts to enhance investigatory capacity. These include increased staffing, the incorporation of artificial intelligence tools, and the introduction of an improved “report a concern” system last year. The spokesperson emphasized the OPG’s commitment to safeguarding and stated that investigations proceed thoroughly where legal authority and evidence permit. They noted that while breaches of trust are uncommon, decisive actions are taken when necessary but declined to comment on specific cases.