Can an Attorney Steal Money From You?

Written by James Tyrrell · Reviewed by Anthony Dalton · Last reviewed 11 April 2026

Yes — it is possible for an LPA attorney to steal money from the person they are supposed to be protecting. Financial abuse by attorneys does happen, and the Office of the Public Guardian (OPG) regularly investigates safeguarding concerns where financial abuse is among the most serious. That said, the law provides real safeguards, and with the right precautions the risk can be significantly reduced.

Quick answer: An attorney can misuse their powers to take money from the donor, but doing so is a criminal offence. The OPG can investigate, the Court of Protection can remove the attorney and freeze accounts, and the attorney can be prosecuted for theft or fraud.

Why Attorney Theft Happens

A Property and Financial Affairs LPA gives an attorney broad powers over the donor’s money, property, and assets. Once the LPA is registered, the attorney can access bank accounts, pay bills, sell investments, and manage property — all without needing to get permission from a court.

That level of access creates opportunity. In most cases, attorneys are family members who act honestly and in the donor’s best interests. But when an attorney is dishonest, financially desperate, or simply careless about the boundary between their money and the donor’s, things can go wrong quickly.

What makes financial abuse under an LPA particularly damaging is that it often goes undetected for months or years. The donor may lack the mental capacity to notice what is happening, and other family members may not have visibility over the accounts.

Can an Attorney Really Access Your Bank Account?

Yes. Once a Property and Financial Affairs LPA is registered with the OPG, the attorney can access the donor’s bank accounts directly. They can withdraw cash, set up standing orders, transfer funds between accounts, and close or open accounts — all in the donor’s name.

Banks will typically ask to see the original registered LPA or a certified copy before granting access. Once registered with the bank, the attorney can often manage accounts online, by phone, or in branch — just as the donor would. There is no requirement for anyone else to approve individual transactions.

This is by design. The whole point of a financial LPA is to allow someone to manage your money when you cannot. But it also means a dishonest attorney has significant access with relatively little day-to-day oversight — which is why choosing the right person matters so much.

Common Types of Financial Abuse by Attorneys

Financial abuse under an LPA takes many forms. Some are blatant theft; others are more subtle and harder to spot.

Legal Safeguards That Protect Donors

The Mental Capacity Act 2005 and the LPA framework include several layers of protection. No system is foolproof, but these safeguards exist for a reason.

• Best interests duty — attorneys are legally required to act in the donor’s best interests at all times, not their own
• Criminal liability — an attorney who steals may face prosecution for theft or fraud, depending on the circumstances. The position of trust can make sentencing more severe
• OPG investigations — the OPG can investigate any attorney when concerns are raised, and can refer cases to the Court of Protection
• Court of Protection powers — the Court of Protection can revoke the LPA, remove the attorney, freeze accounts, and order repayment
• Certificate provider check — the certificate provider must confirm the donor understands the LPA and is not being pressured into making it
• Notification at registration — you can name up to five “people to notify” when the LPA is submitted for registration, giving them the chance to raise objections

Warning Signs of Financial Abuse

Financial abuse is often gradual. It may start with small, seemingly justifiable transactions before escalating. If you are a family member, carer, or professional involved in a donor’s life, watch for these signs:

• Unexplained withdrawals — large or frequent cash withdrawals that don’t match the donor’s usual spending
• Unpaid bills — care home fees, utility bills, or council tax going unpaid despite the donor having sufficient funds
• Changes to the donor’s lifestyle — the donor’s standard of living declining while the attorney’s appears to improve
• Secrecy and defensiveness — the attorney refuses to share financial information with other family members or becomes hostile when asked
• New assets appearing — the attorney buying a car, holiday, or property around the same time the donor’s accounts show large outgoings
• Isolation of the donor — the attorney restricting visits or contact from other family members, particularly those who ask financial questions

Take the example of David, whose mother appointed his brother Michael as sole attorney. Over 18 months, Michael transferred over £40,000 from their mother’s savings to his own account, using small, irregular amounts to avoid triggering bank alerts. David only discovered it when their mother’s care home contacted him about unpaid fees.

How to Report Suspected Theft by an Attorney

If you believe an attorney is stealing from a donor, act quickly. The longer the abuse continues, the more difficult it becomes to recover the money. There are several routes you can take, and you don’t need to choose just one.

What Happens to an Attorney Who Steals

The consequences for an attorney caught stealing from a donor are serious. The legal system treats this as a breach of trust, which makes penalties more severe than ordinary theft.

• Criminal prosecution — depending on the facts, the attorney may be charged under the Theft Act 1968 or the Fraud Act 2006. Sentences vary, but the maximum penalty for fraud is 10 years’ imprisonment
• Removal as attorney — the Court of Protection can revoke the LPA and remove the attorney permanently
• Repayment orders — the court can order the attorney to repay all misappropriated funds
• Account freezing — the court can freeze the attorney’s personal bank accounts as well as the donor’s accounts to prevent further loss
• Deputyship appointment — if the donor still lacks capacity, the court may appoint a professional deputy to manage their affairs going forward

Worth knowing: even if the police decide not to prosecute, the OPG and Court of Protection can still act. The civil and criminal processes run independently.

How to Prevent Attorney Theft Before It Happens

The best protection against financial abuse is prevention. There are practical steps you can take when choosing your attorney and setting up your LPA that significantly reduce the risk.

Choose your attorneys carefully

This sounds obvious, but it is the single most important decision in the entire LPA process. Think carefully about whether the person you are choosing is genuinely trustworthy, financially responsible, and willing to put your interests ahead of their own. A history of debt problems, gambling, or financial irresponsibility should raise concerns.

Appoint more than one attorney

Appointing two or more attorneys to act jointly means every financial decision requires all attorneys to agree. No single person can access accounts or move money alone. This is one of the strongest deterrents against abuse, although it does make day-to-day management slower.

Add instructions and restrictions

You can include specific restrictions in your LPA — for example, requiring the attorney to keep accounts separate, limiting the amount they can spend without consulting another person, or preventing them from selling your home without agreement from a named family member.

Name people to notify

When you create your LPA, you can name up to five people who will be told when the LPA is submitted for registration. These people can raise concerns or formally object if they believe something is wrong. This is an early warning system built into the LPA process.

Ask for record-keeping

While the OPG does not routinely audit attorneys, you can include a preference in your LPA asking the attorney to keep detailed financial records and share them with a named person — such as another family member or your accountant — at regular intervals.

The Bigger Risk: Having No LPA at All

The fear of attorney theft leads some people to avoid creating an LPA altogether. In practice, this is far more dangerous than the risk it tries to prevent. If you lose mental capacity without an LPA in place, nobody — not your spouse, not your children — has legal authority to manage your finances.

The alternative is a court-appointed deputy, which costs over £1,000 to set up, takes months, and gives you no say in who is chosen. With an LPA, you decide who acts for you and on what terms. Without one, the court decides.

Put simply, the risk of not having an LPA is almost always greater than the risk of having one. The safeguards exist. Use them.

What Happens If You Avoid an LPA Because You Fear Abuse?

Some people decide against making an LPA specifically because they worry about giving someone too much power. That’s understandable — but the consequences of having no LPA are almost always worse than the risks of having one with proper safeguards.

If you lose mental capacity without an LPA, your family will need to apply to the Court of Protection for a deputyship order. This costs over £1,000 in court and legal fees, takes several months, and you have no say in who the court appoints. The deputy is then supervised by the OPG and must file annual reports — but the person managing your money may be a stranger.

In the meantime, your bank accounts may be frozen. Bills go unpaid. Your mortgage, rent, or care home fees can fall into arrears. Your family cannot sell your property, access your savings, or even redirect your post without court authority. The financial damage caused by not having an LPA often dwarfs anything a dishonest attorney could realistically take.

The reality is that an LPA with joint attorneys, restrictions, and named people to notify is far safer than no LPA at all. You keep control while you have capacity, and you set the terms for what happens if you lose it.

Can You Get Stolen Money Back?

Recovery is possible but not guaranteed. The Court of Protection can order the attorney to repay what they took, and in criminal cases the court can make a compensation order. The practical difficulty is that by the time the abuse is discovered, the money may already have been spent.

Early detection makes a significant difference. If the theft is caught quickly, banks may be able to reverse transactions, and the attorney is more likely to still have traceable assets. This is another reason why having oversight arrangements — regular account reviews, a second attorney, or a named person receiving financial updates — matters so much.

In some cases, families instruct a solicitor to bring a civil claim against the attorney to recover funds. This can be effective when the attorney has property or savings of their own, but the legal costs need to be weighed against the amount that can realistically be recovered.

The Role of Banks in Preventing Abuse

UK banks are increasingly alert to financial abuse under LPAs. When an attorney registers the LPA with a bank, the bank’s safeguarding procedures kick in. Many now use automated systems to flag unusual patterns — sudden large withdrawals, transfers to new accounts, or spending that does not match the donor’s history.

If a bank suspects abuse, it can freeze the account temporarily, contact the OPG, and make a referral to Adult Social Services. Some banks have dedicated vulnerability and safeguarding teams specifically trained to handle LPA concerns.

That said, banks are not infallible. Regular small withdrawals can slip through automated checks, and some attorneys operate across multiple banks, making it harder to spot patterns. Family vigilance remains essential.

Common Questions About Attorney Theft and LPAs

This guide was last reviewed and updated on 11 April 2026. Information is based on current legislation and OPG guidance for England and Wales.

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