A Lasting Power of Attorney (LPA) or the older Enduring Power of Attorney (EPA) gives an appointed attorney authority to make decisions about a person’s property, finances, health or welfare when they cannot manage these matters themselves. Under the Mental Capacity Act 2005, attorneys are required to act responsibly and always in the donor’s best interests.

Sometimes, concerns arise that an attorney is misusing their position - for example, by taking money for their own benefit, failing to keep proper records, or making choices that place a vulnerable person at risk. If this happens, there are formal steps you can take to address the situation and, in the most serious cases, have the attorney removed from their position of power.

This article explains how to report abuse of a power of attorney, how the Office of the Public Guardian (OPG) investigates complaints when the Court of Protection may become involved, and what evidence is most useful if you need to protect a loved one.

What counts as abuse of a lasting power of attorney?

An LPA gives an appointed attorney significant power over the “donor” - the person on whose behalf they are making decisions and, sometimes, managing money. There are also legal limits on an attorney’s power and key responsibilities they must fulfil. For example, attorneys must only make decisions authorised by the LPA or EPA, keep the donor’s finances separate from their own, maintain clear records such as bank statements, and involve the donor in decisions wherever possible. They must never use their position for personal gain.

Concerns often arise where there are unusual or unexplained withdrawals, bills left unpaid or decisions made that appear contrary to the donor’s best interests, such as selling a home without a clear care plan in place. Other warning signs include poor or absent record-keeping, mixing the donor’s money with their own or refusing to share basic information with family members or professionals. Any of these may indicate that an attorney is abusing their position and should be investigated. When an attorney’s duties are breached, the law provides formal routes to act and protect the donor’s interests.

Reporting concerns to the Office of the Public Guardian

The OPG is responsible for supervising attorneys and appointed deputies. It investigates reports of suspected abuse and has the power to take safeguarding action where necessary.

When making a report, it is important to provide details about the donor, the attorney and the reasons for your concern, along with any supporting evidence such as financial records, key dates or witness accounts.

A solicitor can help you prepare this information so that your report is clear and supported by relevant evidence. This can make it easier for the OPG to assess the situation and decide what steps to take.

Once a report is received, the OPG may contact the attorney for an explanation, request financial information, and, in serious cases, restrict or remove the attorney’s powers.If you have concerns, you can raise them by completing the OPG’s form or by calling the contact line on 0300 456 0300. 

When to involve safeguarding bodies, banks or the police

If you suspect financial abuse under a power of attorney, it’s sensible to seek legal advice first. A solicitor can help you assess the situation and guide you on the right next steps. Where concerns about fraud are not urgent, you can report them to Action Fraud on 0300 123 2040 and obtain a crime reference number.

You can also raise concerns with the donor’s bank or other financial provider. Many banks can place safeguards or temporary holds on accounts while formal investigations are carried out. Procedures vary between institutions, and by working with a solicitor you can determine the most suitable approach and make sure that appropriate steps are taken without delay.

Court of Protection: removing an attorney

If intervention by the Office of the Public Guardian does not resolve the problem, the matter can be taken to the Court of Protection. The court has the authority to remove an attorney and appoint a deputy to take over responsibility.

An attorney may be removed if they are acting outside the donor’s best interests, failing to keep proper records, misusing property or money, or if they themselves lose mental capacity or become bankrupt. In these circumstances, the court can cancel the LPA or EPA and appoint either a professional deputy or a suitable family member to manage the donor’s affairs.

Because these applications involve detailed evidence and legal argument, it is important to work with a solicitor. A solicitor can prepare the application, gather the necessary supporting documents, and represent you in court if required.

Evidence to gather

Clear evidence will strengthen any report of suspected abuse and help the OPG or Court of Protection act faster. Evidence can include:

• Bank statements that highlight unusual or unexplained spending.
• Financial records showing unpaid bills or neglected care fees.
• A written timeline concerning events, with dates.
• Correspondence, witness statements or care records.
• Medical evidence of the donor’s mental capacity at relevant times.

Keep copies of everything in a safe place. These documents can be shared with your solicitor or provided directly to the OPG when raising concerns. A solicitor who specialises in contentious probate will be able to identify any gaps in the evidence and request records from banks, care providers or medical professionals to support your case.

How Switalskis can help

The law provides clear routes for addressing concerns about an attorney, but specialist legal support can make the difference in protecting a donor’s best interests.

At Switalskis, our Court of Protection solicitors advise families on safeguarding vulnerable people from the misuse of a power of attorney. We can:

• Report concerns directly to the Office of the Public Guardian.
• Apply to the Court of Protection to remove or replace an attorney where necessary.
• Help you gather and present evidence to protect a loved one’s financial affairs and welfare.

If you are concerned about the actions of an attorney, get in touch with our contentious probate solicitors today. Call us 0800 138 0458 or send us a message via our website .