How to Report a Concern About an LPA Attorney to the Office of the Public Guardian

If you have concerns about how an attorney is managing a Lasting Power of Attorney, you can report them to the Office of the Public Guardian. The Office of the Public Guardian is an independent public body that protects people who lack mental capacity by supervising attorneys and investigating complaints about misuse of power. Understanding how to report concerns and what the Office of the Public Guardian can do is essential if you suspect financial abuse, neglect, or dishonest behaviour.

What Is the Office of the Public Guardian and What Does It Do?

The Office of the Public Guardian is an independent body established under the Mental Capacity Act 2005. Its primary role is to register Lasting Powers of Attorney and supervise the people appointed to manage them. The Office of the Public Guardian maintains a register of all valid Lasting Power of Attorney documents and monitors attorney conduct to ensure they act in the best interests of the donor.

Lasting Powers of Attorney apply in England and Wales only. If you live in Scotland or Northern Ireland, different bodies handle these matters.

What Are an Attorney’s Legal Duties Under a Lasting Power of Attorney?

An attorney appointed under a Lasting Power of Attorney has significant legal responsibilities. They must act honestly, follow the donor’s instructions, keep accurate financial records, and always prioritise the donor’s best interests. The attorney cannot mix their own money with the donor’s funds, make gifts without clear authority, or use the LPA power for their own gain.

• Acting with integrity and honesty in all dealings on the donor’s behalf
• Following the donor’s specific instructions and preferences as set out in the LPA
• Maintaining detailed records of all transactions and decisions made

What Is Warning Signs That an LPA Attorney May Be Misusing Their Powers?

Certain signs may indicate that an attorney is misusing their power over a Lasting Power of Attorney. Financial abuse is the most common concern and includes unauthorised spending, theft of assets, or diverting money for personal use. You might also notice the donor is being neglected, isolated from family members, or denied essential care or medical treatment.

• Sudden changes to the donor’s financial situation without explanation
• The attorney preventing the donor from seeing family or friends
• Large withdrawals, gifts, or transfers that do not match the donor’s known preferences

How to Report a Concern About an LPA Attorney to the Office of the Public Guardian

Reporting a concern about an attorney to the Office of the Public Guardian is straightforward. You can contact them by phone, email, or post. The Office of the Public Guardian accepts reports from anyone with concerns, including family members, care staff, healthcare professionals, or the donor themselves. You do not need to be related to the donor or the attorney to make a complaint.

When you report your concern, provide as much detail as possible, including the donor’s full name, the attorney’s name, dates of concerning incidents, and specific examples of misuse. Written complaints are preferred as they create a formal record of your report.

What Information to Include in Your Complaint to the OPG

To make your complaint as effective as possible, gather relevant documentation and details before contacting the Office of the Public Guardian. Include the donor’s full name and date of birth, the attorney’s full name and contact details, and the type of Lasting Power of Attorney in question.

• Specific dates and descriptions of concerning behaviour or transactions
• Copies of financial statements, bank statements, or other evidence of misuse
• Names and contact details of any other witnesses to the conduct

How the Office of the Public Guardian Investigation Process Works

Once you have reported your concern, the Office of the Public Guardian will assess whether the complaint falls within their jurisdiction and investigate if necessary. They may request additional information, interview witnesses, and review financial records. During a complex investigation, the Office of the Public Guardian may work with other organisations such as the police or social services.

The investigation timeline varies depending on the complexity of the case and the amount of evidence available. Simple complaints may be resolved within weeks, while serious allegations of financial abuse may take several months to investigate fully.

What the Office of the Public Guardian Can Do After Investigating

The Office of the Public Guardian has significant powers to protect donors from attorney abuse. They can apply to the Court of Protection to remove an attorney or order that an attorney repay misused funds to the donor. The Office of the Public Guardian can also refer cases to the police if criminal offences such as theft or fraud have occurred.

If the Office of the Public Guardian upholds your complaint, they may pursue legal action in the Court of Protection to protect the donor’s interests and hold the attorney accountable. A court order can remove the attorney immediately and preserve assets for the donor’s benefit.

What the Office of the Public Guardian Cannot Do

It is important to understand the limitations of the Office of the Public Guardian’s powers. The Office of the Public Guardian cannot make decisions on behalf of the donor or the attorney. They cannot unilaterally remove an attorney without a court order, as the Court of Protection must authorise any removal. The Office of the Public Guardian also cannot force repayment of misused funds directly, though they can ask the court to order repayment.

If urgent action is needed to protect a vulnerable person, you may need to contact the Court of Protection directly rather than waiting for the investigation to conclude.

What Is Other Organisations You Can Report LPA Attorney Concerns To?

In addition to reporting to the Office of the Public Guardian, you can report concerns about an LPA attorney to other organisations depending on the nature of the abuse.

• Contact the local police if you suspect financial crime such as theft or fraud
• Contact adult safeguarding teams within social services for wellbeing and neglect concerns
• Apply directly to the Court of Protection for urgent legal action to remove an attorney

How to Protect the Donor During an Investigation

While the Office of the Public Guardian investigates your complaint, steps should be taken to protect the donor from further harm. If there is an immediate risk to the donor’s safety or wellbeing, contact emergency services. You may also ask social services to carry out a safeguarding assessment or apply to the Court of Protection for an urgent order to freeze the attorney’s access to the donor’s accounts.

During the investigation, it may be helpful for family members or carers to monitor the attorney’s conduct more closely. In some cases, a court may appoint a replacement attorney to manage finances until the investigation concludes.

What Happens After the Office of the Public Guardian Completes Its Investigation

Once the Office of the Public Guardian completes their investigation, they will notify you of the outcome. If they find no evidence of misuse, the case will be closed. If they find evidence that the attorney has breached their duties, the Office of the Public Guardian may issue a formal warning, apply to the Court of Protection for sanctions, or refer the matter to the police.

You will not always receive detailed information about the investigation outcome due to confidentiality rules, but you should be informed whether action was taken. If you disagree with the decision, you may have the right to request a review or pursue the matter through the courts independently.

How to Prevent LPA Attorney Abuse Before It Happens

The best way to protect against attorney abuse is to prevent it from occurring in the first place. Choose your attorneys carefully, selecting people you trust completely who understand their legal responsibilities. When creating your Lasting Power of Attorney, provide clear written instructions about how you want your finances or health decisions managed and set out any restrictions on the attorney’s power.

• Appoint a notified person who receives notice when the Lasting Power of Attorney is registered and can raise concerns
• Consider appointing more than one attorney so decisions are made jointly, providing a natural check on each person’s actions
• Keep detailed records of all transactions and decisions made on the donor’s behalf

At Elwyn & Mabel, we take safeguarding seriously. In my experience, the significant growth in Lasting Power of Attorney applications has led to an increase in rejected and problematic documents. The Office of the Public Guardian’s records are now searchable, and there is a formal whistleblowing system for reporting attorneys who are not acting in a donor’s best interests. Professional guidance helps build in protections from the outset, including careful selection of attorneys, appropriate restrictions on their powers, and a clear framework that makes misuse easier to identify and challenge.

Frequently Asked Questions About Reporting LPA Attorney Concerns

Can I report an attorney anonymously to the Office of the Public Guardian?

The Office of the Public Guardian prefers named reports so they can follow up with you if additional information is needed. However, they may investigate anonymous complaints if sufficient detail is provided. If you have safety concerns, tell the Office of the Public Guardian and they will take this into account.

How long does the Office of the Public Guardian take to investigate a complaint?

The investigation timeline depends on the complexity and seriousness of the complaint. Simple matters may be resolved within 4 to 8 weeks, while complex cases involving financial abuse may take 3 to 6 months or longer.

Will the attorney know who made the complaint against them?

The Office of the Public Guardian will not disclose your identity to the attorney unless you consent or the matter goes to court. However, in some cases, the attorney may guess who made the complaint based on who has been raising concerns.

What evidence do I need to make a complaint to the Office of the Public Guardian?

You do not need conclusive proof to report a concern. The Office of the Public Guardian will investigate reasonable allegations based on the information you provide. Bank statements, transaction records, emails, and witness statements are helpful, but even a detailed description of concerning behaviour may be sufficient to trigger an investigation.

What Is Get the Free LPA Checklist Before You Start?

If you are thinking about setting up a Lasting Power of Attorney and want to ensure you have the right safeguards in place, the free LPA Checklist from At Elwyn & Mabel, we give you a plain English, step by step guide covering everything you need to know. Download it below.

TL;DR: How to Report a Concern About an LPA Attorney to the Office of the Public Guardian

You can report concerns about an LPA attorney to the Office of the Public Guardian, who will investigate allegations of misuse and apply to the Court of Protection if necessary.

• The Office of the Public Guardian is an independent body that registers and supervises Lasting Power of Attorney attorneys in England and Wales.
• Report concerns about financial abuse, neglect, or dishonest behaviour by phone, email, or post to the Office of the Public Guardian.
• The Office of the Public Guardian can apply to the Court of Protection to remove an attorney or order repayment of misused funds.
• You can also report concerns to the police, adult social services, or apply directly to the Court of Protection for urgent action.
• Choose your attorneys carefully and appoint a notified person to help prevent abuse before it happens.

More From Elwyn & Mabel

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