English assets, overseas owner - resealing foreign grants of probate in England and Wales
Sameena Munir
Sometimes it is unknown whether somebody has a registered lasting power of attorney (LPA), an enduring power of attorney (EPA) or whether they have a court appointed deputy. The Office of the Public Guardian (the OPG) has a legal duty to maintain registers of LPAs, EPAs and court orders appointing deputies.
Members of the public and organisations have been able to search the OPG registers since 2013, but the OPG recently updated the search facility so that you can now request additional information using form OPG100.
What is on The Office of the Public Guardian (OPG) register?
The register provides details of:
- The name of the person who made the LPA or who the deputyship order is about (the ‘protected party’)
- The protected party’s date of birth
- Whether there is an LPA, EPA or deputyship order and whether this relates to property and affairs or health and welfare
- Registration date of the LPA, EPA or deputyship order
- Registration, cancellation, revocation or expiry details of the LPA, EPA or deputyship order
- Names of the attorneys or deputies
- Whether the LPA, EPA or deputyship order have any conditions or restrictions – the OPG will not disclose details of these, but will mention if there are conditions or restrictions.
- How the attorney/deputy is appointed to act
- When deputyship orders expire (if relevant)
You can only search for registered LPAs, EPAs and court orders. The OPG will not be able to disclose if there are any pending registrations or court applications.
Request for additional information
You can request additional information about the registered attorney or deputyship order that the OPG has obtained which falls outside of the above list.
You must explain on form OPG100 why this information is needed and what steps you have taken to obtain it by other means. Such requests are considered on a case by case basis; the OPG will only disclose additional information where it is reasonable and justified to do so or where there is a legal requirement.
It is free to search the OPG registers and the OPG aims to respond within 5 working days. The form can be submitted electronically.
This is a useful tool if you are in doubt about whether somebody has a registered LPA or deputyship order.
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