Searching the registersPublic GuardianOffice of the Public Guardian:register of lasting powers of attorney and deputies:searchingOffice of the Public GuardianLasting powers of attorney:register of:searchingDeputies:register of:searchingPublic GuardianOffice of the Public Guardian:register of lasting powers of attorney and deputies:searchingOffice of the Public GuardianLasting powers of attorney:register of:searchingDeputies:register of:searchingPublic GuardianOffice of the Public Guardian:register of lasting powers of attorney and deputies:searchingOffice of the Public GuardianLasting powers of attorney:register of:searchingDeputies:register of:searchingPublic GuardianOffice of the Public Guardian:register of lasting powers of attorney and deputies:searchingOffice of the Public GuardianLasting powers of attorney:register of:searchingDeputies:register of:searchingPublic GuardianOffice of the Public Guardian:register of lasting powers of attorney and deputies:searchingOffice of the Public GuardianLasting powers of attorney:register of:searchingDeputies:register of:searchingPublic GuardianOffice of the Public Guardian:register of lasting powers of attorney and deputies:searchingOffice of the Public GuardianLasting powers of attorney:register of:searchingDeputies:register of:searchingPublic GuardianOffice of the Public Guardian:register of lasting powers of attorney and deputies:searchingOffice of the Public GuardianLasting powers of attorney:register of:searchingDeputies:register of:searching
20.16Anyone may apply to search the registers of EPAs, LPAs and deputyships maintained by the OPG.
1Under the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007 SI No 1253 reg 31. See also the Office of the Public Guardian Registers guidance, LPA 109, available at: https://www.gov.uk/government/publications/search-public-guardian-registers. A standard ‘first-tier’ search is made by completing an OPG100 form
2Available at the website in the footnote above. and sending it to the OPG. There is no charge for making an application.
20.17Although more recent statistics are not available, there were 8,778 first-tier searches made between May 2012 and April 2013.
3Enabling digital by default – impact assessment, available at: https://consult.justice.gov.uk/digital-communications/opg-enabling-digital-default/supporting_documents/iaopgdigitaldefault.pdf.20.18Information that may be revealed by this search includes:
•the allocated case number;
•known other names of the donor/person the order is about;
•date of birth of the donor/person the order is about;
•name(s) of any deputy/deputies;
•name(s) of any attorney(s);
•whether the LPA, EPA or deputyship order relates to ‘property and affairs’ or ‘personal welfare’;
•the date the LPA, EPA or deputyship order was made;
•the date the LPA, EPA or deputyship order was registered;
•the date the LPA or EPA was revoked (if applicable);
•the date the deputyship order expires (if applicable);
•the date the deputyship order was cancelled (if applicable);
•name(s) of any replacement deputy/deputies/attorney(s);
•whether any replacement deputy/deputies/attorney(s) are active;
•whether the deputies/attorneys are appointed jointly;
•whether deputies/attorneys are appointed jointly and severally; and
•whether there are conditions or restrictions on the LPA, EPA or deputyship order (but not details about the conditions or restrictions).
20.19Information will only be provided if there is an exact match between the details provided on the application form and those held on the registers. If there is a close but not exact match the OPG may contact the applicant for more information.
20.20A first-tier search will not reveal any details about EPAs/LPAs that have not yet been registered, or any applications for the appointment of a deputy that are pending with the court. It also does not include details of any other types of order made by the court, for example those authorising a statutory will. If this information is sought, then an application must be made to the court and the usual rules of disclosure under the COPR will apply (for more on disclosure, see chapter 12).
20.21Additional information about the donor/P may be sought by requesting a ‘second-tier’ search.
4Under Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations reg 32. This is done by making an application in writing to the OPG setting out the name of the donor/P, the applicant’s relationship to them, why the applicant needs the information requested and why the applicant has been unable to obtain it by any other route. The OPG considers such applications on their merit and any information provided is at the discretion of the OPG, if he considers that there is ‘good reason’ to provide the information.
5Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations reg 32(2).20.22As part of an ongoing government-wide project to improve transparency and access to information, the OPG has proposed digital searches for tier-one requests,
6See: https://www.gov.uk/government/consultations/transforming-the-services-of-the-office-of-the-public-guardian-enabling-digital-by-default. although progress has been slower than had been anticipated.