Office of the Public Guardian Complaints and Investigations
When to Report Concerns About an Attorney
The Office of the Public Guardian exists to protect people who lack mental capacity from abuse, neglect, and financial exploitation by their appointed attorneys. If the donor lacks mental capacity and you suspect that an attorney is misusing their powers — whether through financial mismanagement, neglect of the donor's welfare, or outright theft — the OPG can investigate certain concerns.
Common triggers for a report include: unexplained withdrawals from the donor's accounts, an attorney refusing to share financial information with family members, the donor's living conditions deteriorating while the attorney controls the finances, gifts being made from the donor's estate that exceed what the Mental Capacity Act permits, or an attorney mixing the donor's funds with their own.
How to Make a Report
Contact the OPG's safeguarding team directly. Reports can be made by anyone — family members, friends, neighbours, healthcare professionals, bank staff, or social workers. You do not need to be a party to the LPA.
The OPG can be reached by phone (0300 456 0300), by email ([email protected]), or by post to PO Box 16185, Birmingham, B2 2WH. When reporting, include as much specific detail as possible: the donor's name, the attorney's name, the type of LPA, specific instances of concern (with dates if you have them), and any evidence you can provide.
You can report a concern even if you do not have all the requested information, but include your contact details if possible so the OPG can ask follow-up questions.
What Happens During an Investigation
The OPG follows a structured investigation process. They may contact the attorney and ask them to provide financial records, bank statements, and a detailed accounting of all transactions made on behalf of the donor. Attorneys should keep these records and respond to such requests.
The investigation may include: reviewing bank statements and financial records, visiting the donor to assess their welfare, interviewing family members and care providers, and consulting with local authority adult safeguarding teams.
If the OPG finds evidence of misconduct, it may take legal action or apply to the Court of Protection. In cases of suspected financial abuse, the matter may also be referred to the police for criminal investigation.
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The Attorney's Obligations
Every attorney acting under an LPA has statutory duties under the Mental Capacity Act 2005 and the associated Code of Practice. These duties exist whether or not anyone is watching. The attorney must act in the donor's best interests at all times, must keep the donor's money and assets completely separate from their own, must keep accurate records of all financial transactions, and must not delegate their decision-making authority to someone else.
For financial LPA attorneys, the OPG can request a full accounting at any time, so a financial attorney should keep clear records of how they have managed the donor's finances.
When the OPG Cannot Help
The OPG only has jurisdiction over registered LPAs, EPAs, and Court of Protection deputyships. If the person you are concerned about does not have a registered LPA or EPA and has not been assigned a deputy, the OPG has no standing to intervene. In those circumstances, contact the local authority's adult safeguarding team directly.
The OPG also cannot resolve family disagreements about care decisions where the attorney is acting within their legal authority. If a family member disagrees with a legitimate decision an attorney has made — choosing a particular care home, for example — the dispute must be escalated to the Court of Protection, not the OPG.
Our LPA guide covers attorney duties in detail, including record-keeping requirements and the OPG's compliance framework.
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