If people write to the Office of the Public Guardian (OPG), saying a person is not suitable to hold a Lasting Power of Attorney (LPA) for someone due to their health, the OPG/ Ministry of Justice (MoJ) then writes to the applicable local authority and/or police force requesting they carry out an investigation into that person, gathering general evidence about them especially about the illness that has been described and their suitability to hold a LPA for health and welfare.
1) Please can you state for Devon County Council under which legislation (giving the paragraphs if possible) this investigation is carried out?
Were an investigation of any type to be requested by the OPG that was not related to a Safeguarding concern, this would be carried out in line with the Mental Capacity Act and within the guidance contained within Paragraphs 14.19- 14.22 of the Mental Capacity Act Code of Practice.
2) Please supply your policies/protocols that cover this investigation and the report that is sent back to the OPG/MoJ please?
We do not have any additional policies or protocols for this situation other than applying the guidance contained within the Mental Capacity Act Code of Practice and responding directly to the Office of the Public Guardian request.
3) List all the people/organisations that you would contact for this investigation; if the person involved did not know the investigation was happening, for example, would you contact the person’s GP, their employer, local NHS Trusts, the GP of the person they hold the LPA for, etc.
This would depend on the individual circumstances of the case / concern raised in the OPG request for us to investigate.
If we received concerns that suggested an adult with care and support needs (whether or not the local authority is meeting any of those needs) is experiencing, or at risk, of abuse of neglect then we would respond to this as a safeguarding concern under section 42 of the Care Act (2014).