Office of the Public Guardian · Official form

OPG104: Deputy report form for health and welfare decisions

OPG104 is the annual report a health and welfare deputy sends to the Office of the Public Guardian. It records the personal welfare decisions you have made for someone who lacks capacity and how you reached them.

This is the genuine Office of the Public Guardian PDF, unmodified. Source: Office of the Public Guardian official page.

What is OPG104?

Health and welfare deputyships are far less common than property and financial ones, and the Court of Protection only makes them where ongoing decisions about care or treatment are needed. This 15-page report asks about the person’s living arrangements, health and care, contact with family and friends, and the significant welfare decisions you have taken during the year.

The emphasis is on best interests: what the person’s own wishes, feelings, beliefs and values are, who you consulted, and how you supported them to take part in decisions themselves wherever possible. The Office of the Public Guardian tells you when to report and may ask for further information at other times.

Who files OPG104?

  • Deputies appointed by the Court of Protection to make health and welfare decisions
  • Family members acting as welfare deputies for a relative who lacks capacity
  • Joint deputies for health and welfare, who report together on one form
  • Deputies with both welfare and financial powers, who also report on OPG102 or OPG103 for the finances

How to fill out OPG104

  1. Note the reporting period and gather your records: care plans, correspondence with health and social care staff, and notes of decisions.
  2. Describe where the person lives, their health and care arrangements, and any changes during the period.
  3. Set out the significant welfare decisions you made, who you consulted, and how you took the person’s wishes and feelings into account.
  4. Record contact with family and friends and anything that has affected the person’s wellbeing.
  5. Sign the declaration and return the report to the Office of the Public Guardian by the date in its letter, or complete the deputy report online.
Worth knowing: Health and welfare deputies must follow the Mental Capacity Act 2005 and its code of practice. OPG supervises the deputyship and can investigate concerns at any time.

Quick fill OPG104 on this page

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Frequently asked questions

Does a welfare deputy also report on finances?

Not on this form. If you hold both types of deputyship you report separately on OPG102 or OPG103, whichever the Office of the Public Guardian has asked you to use, for the property and financial side.

What counts as a significant decision?

Decisions such as a move into residential care, a change of care package, or agreeing or refusing significant medical treatment. Day-to-day choices do not need listing individually.

What if the person disagreed with a decision I made?

Say so in the report and explain how you weighed their wishes and feelings. The Mental Capacity Act requires you to act in their best interests, and OPG expects an honest account of disagreements.