Updated OPG Guidance: What Deputies Need to Know (and Why Costs Matter More Than Ever)
The Office of the Public Guardian (OPG) has recently issued updated guidance following the decision in ACC & Others, and if there’s one key takeaway for property and affairs deputies, it’s this:
Authority is now firmly at the centre of cost recovery and supervision.
While the underlying principles from the earlier guidance will feel familiar, the updated version marks a clear shift in tone. The OPG is no longer simply explaining Re ACC—it is actively setting expectations about how deputies should be operating day‑to‑day, particularly when it comes to instructing professionals and spending P’s money.
What’s changed?
In simple terms, the updated guidance reinforces that a deputy’s general authority is limited to ordinary, non‑contentious estate administration. Anything outside that—litigation, higher legal spend, conflicts of interest, or complex decisions should trigger a pause and a question:
Do I have authority for this, or do I need to apply to the Court first?
The OPG has also made clear that:
- Litigation costs are especially high‑risk without specific authority
- Costs incurred after receiving a Letter of Response in a dispute will rarely be recoverable without permission
- Where legal costs exceed modest levels, court approval is expected in advance
- Retrospective approval is no longer a “safety net” and does not guarantee costs will be allowed
From a deputy’s perspective, this isn’t about creating barriers, it’s about protecting you from personal risk, greater scrutiny, and uncomfortable conversations at assessment or during OPG supervision.
Why costs drafting now matters more
One of the most noticeable effects of the updated guidance is how closely costs are being examined. Assessors and the OPG are no longer just asking whether costs are reasonable and proportionate—they are asking whether they were authorised at all.
Well‑managed costs files now:
- Clearly link work done to the deputyship order
- Distinguish between non‑contentious advice and litigation
- Explain how decisions and spend were in P’s best interests
- Demonstrate cost control, estimates, and approvals
Small drafting changes can make a big difference to recoverability, and to avoiding challenges altogether.
Support for deputies: practical, not theoretical
We know that deputies are juggling complex cases, competing responsibilities, and increasing regulatory oversight. The updated guidance doesn’t mean you need to be a costs expert—but it does mean understanding where the risks lie, and how to manage them confidently.
That’s where focused training can really help.
Book a Court of Protection Training Session
Adrian Hawley delivers practical Court of Protection training sessions for deputies and professional teams, with a particular focus on ACC & Others guidance from a costs‑recovery perspective.
Sessions cover:
- What the updated OPG guidance really means in practice
- Where deputies most commonly fall into difficulty on costs
- How authority (or lack of it) affects recoverability
- Practical steps to protect both P’s estate and the deputy
- Real‑world examples of costs allowed and disallowed post‑ACC
Training can be delivered in‑house or remotely, tailored to your team and the type of work you undertake.
To book a session or find out more, please get in touch with Adrian Hawley directly.
