29 Sep 2026

Damian Lines TEP is Managing Partner and is a Panel Deputy on the list of pre-approved deputies maintained by the Office of the Public Guardian. Here he comments on the recent news about Sir Ranulph Fiennes.

Recent news coverage concerning the whereabouts and care arrangements of intrepid British explorer Sir Ranulph Fiennes has attracted intervention from celebrity friends, family and, it has been suggested, even the Palace.

Behind the headlines lies an important question for every family: who steps in when there are concerns about the way decisions are being made for someone who may lack capacity?

What is the Office of the Public Guardian?

The Office of the Public Guardian (OPG) is the government body responsible for monitoring attorneys appointed under a Lasting Power of Attorney and deputies appointed by the Court of Protection.

Deputies are subject to a formal supervision regime, which may include annual reporting and visits from OPG “Visitors”. The aim is to ensure that every decision is made responsibly and in the best interests of “P” — the protected person. Attorneys are not supervised in the same routine way, so the OPG will generally only respond when concerns are reported.

When can the OPG investigate?

The OPG can — and does — investigate attorneys and deputies where there is reason for concern. Warning signs may include an attorney or deputy who:

• neglects the person’s care or welfare;
• fails to arrange suitable care, accommodation, food, heating or medical support;
• makes decisions without considering the person’s wishes and feelings;
• prevents appropriate contact with relatives, friends or professionals;
• uses restraint or imposes restrictions without proper authority;
• acts under a conflict of interest;
• fails to consult relevant carers or professionals;
• acts beyond the scope of the LPA or deputyship order;
• continues to act when the person has capacity to make the relevant decision;
• makes gifts or spends money without lawful authority;
• misuses funds needed for the person’s care;
• pressures, coerces or controls the person; or
• otherwise fails to act in the person’s best interests.

What the OPG cannot do

The OPG has an important protective role, but it is not a police force, court or emergency service. It does not have a general power to:

• enter private premises without authority;
• remove a person from their home;
• arrest or prosecute an alleged abuser;
• compel a local authority or NHS body to provide a particular service;
• make final decisions about disputed capacity or best interests;
• revoke an LPA without an order from the Court of Protection; or
• resolve ordinary family disagreements where there is no concern about an attorney’s or deputy’s conduct.

How concerns can lead to action

Where concerns are raised, the OPG can obtain information, arrange visits, supervise deputies, refer safeguarding or criminal matters to the appropriate agencies and apply to the Court of Protection when judicial intervention is needed.

The Court may suspend or remove an attorney or deputy and make orders designed to protect a person who lacks capacity. However, the OPG is not an emergency service: any immediate risk to life or safety should be reported to the emergency services and the local authority’s safeguarding team.

Planning ahead can make all the difference. Sir Ranulph’s reported circumstances are a timely reminder that Lasting Powers of Attorney should be prepared carefully, attorneys should understand the limits of their authority, and families should know where to turn if concerns arise.

Do not wait for uncertainty to become a crisis. Whether you are putting an LPA in place, already acting as an attorney or deputy, or are concerned about decisions being made for someone close to you, timely specialist advice can safeguard the vulnerable person, protect their finances and welfare, and help prevent costly family disputes.

Speak to our specialist team today. Call 01633 867000 to discuss your concerns in confidence and take the first step towards protecting the person who matters to you.