Reporting Concerns About an LPA Attorney to the OPG in England

An attorney acting under a lasting power of attorney has significant control over the donor's finances or health decisions. When that power is misused — money disappearing from accounts, the donor being isolated from family, care decisions that do not reflect the donor's wishes — the Office of the Public Guardian has the authority to investigate and, if necessary, apply to the Court of Protection to have the attorney removed.

What Counts as Abuse of an LPA

The OPG investigates concerns about attorneys who are not acting in the donor's best interests. Common examples include:

• Withdrawing the donor's money for the attorney's personal use
• Selling the donor's property below market value to benefit the attorney or their associates
• Failing to keep the donor's finances separate from their own
• Making care decisions that ignore the donor's known wishes, beliefs, or values
• Preventing family members or friends from seeing the donor
• Neglecting the donor's basic needs while managing their affairs

Financial abuse is the most frequently reported concern. The OPG receives thousands of safeguarding referrals each year, and the majority involve property and financial affairs LPAs.

How to Report a Concern

Contact the OPG directly. You do not need to be a named person on the LPA — anyone can raise a concern about an attorney's conduct.

Phone: 0300 456 0300 (Monday, Tuesday, Thursday and Friday, 9am to 5pm; Wednesday, 10am to 5pm) Email: [email protected] Post: Office of the Public Guardian, PO Box 16185, Birmingham, B2 2WH

When reporting, provide as much specific detail as possible: the donor's full name, the attorney's name, the LPA registration reference if known, and a clear description of what you believe is going wrong. Bank statements, receipts, or written records supporting the concern will strengthen the report.

What Happens After a Report

The OPG assesses every concern it receives. Straightforward cases — a misunderstanding about the attorney's duties, or a family disagreement that does not involve actual harm — may result in the OPG providing guidance to the attorney about their obligations.

For more serious cases, the OPG opens a formal investigation. Investigators may request financial records, interview the attorney and the donor (if they have capacity to participate), and speak with family members, carers, and social services.

If the investigation finds evidence of abuse or serious mismanagement, the OPG can apply to the Court of Protection to:

• Revoke the LPA entirely
• Remove a specific attorney while leaving the LPA in place (if replacement attorneys are named)
• Appoint a panel deputy to manage the donor's affairs instead
• Require the attorney to provide detailed financial accounts

The Court of Protection can also order the attorney to repay money they have taken improperly.

Urgent Situations

If the donor is in immediate danger — physical harm, rapid depletion of their assets, or denial of essential medical care — contact the local authority's adult safeguarding team in addition to the OPG. The safeguarding team can take protective action faster than the OPG investigation process.

In cases involving suspected criminal activity (theft, fraud), report to the police alongside the OPG. The OPG investigation and a police investigation can run in parallel.

The Lasting Power of Attorney guide covers attorney duties and the legal boundaries of their authority, including the specific financial record-keeping obligations that make abuse easier to detect and prove.

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