Can the OPG Investigate an Attorney?
Yes — and knowing how and when they do is important for both donors and families who have concerns.
Written by Anthony Dalton · Reviewed by James Tyrrell · Last reviewed
Granting someone a Lasting Power of Attorney is an act of considerable trust. But what happens if that trust is broken? The Office of the Public Guardian (OPG) has specific powers to investigate attorneys and deputies where there are concerns about how they are acting.
At a glance
- Yes, the OPG has a statutory duty to investigate concerns about attorneys under the Mental Capacity Act 2005
- Anyone can report a concern — family members, care professionals, banks, and GPs can all make referrals
- The OPG can appoint a Court of Protection Visitor, require the attorney to provide financial accounts, and refer serious cases to the court or police
- Only the Court of Protection can remove an attorney, but the OPG can apply to the court on the donor's behalf
Key point: The OPG has a statutory duty to investigate concerns about attorneys under the Mental Capacity Act 2005. Anyone — family members, care professionals, financial institutions — can raise a concern, and the OPG takes these seriously.
What Is the OPG's Role in Investigating Attorneys?
The Office of the Public Guardian is the government body responsible for registering LPAs and supervising deputies appointed by the Court of Protection. One of its core functions is safeguarding people who may be at risk from their own attorneys.
Under the Mental Capacity Act 2005, the OPG has powers to:
- Investigate concerns raised about an attorney’s conduct
- Appoint a Court of Protection Visitor to look into a situation
- Apply to the Court of Protection to revoke or suspend an LPA
- Refer serious cases to the police
What Triggers an OPG Investigation?
The OPG may open an investigation following a referral from anyone who has concerns. Common triggers include:
Unexplained financial transactions
Large or unusual withdrawals from a donor’s accounts, transfers to the attorney personally, or unexplained changes to the donor’s financial position.
Property decisions without good reason
Selling the donor’s home, undervaluing property, or making significant property decisions that appear to benefit the attorney rather than the donor.
Isolation of the donor
Cutting the donor off from family or friends, restricting access, or moving them without clear justification or consideration of their wishes.
Failure to act or poor record keeping
An attorney who is not fulfilling their duties, failing to pay bills, neglecting care arrangements, or unable to account for how they have managed finances.
Allegations from family members or professionals
Reports from care homes, GPs, social workers, or family members who believe the attorney is not acting in the donor’s best interests.
How the OPG Investigates
When a concern is raised, the OPG first assesses whether it is serious enough to investigate. If it is, they may take one or more of the following steps:
Initial assessment
The OPG reviews the information provided and may contact the person raising the concern for more detail.
Court of Protection Visitor
The OPG can appoint a Special Visitor (often a lawyer or doctor) or a General Visitor to visit the donor and investigate the situation on the ground.
Request for accounts
The OPG can require the attorney to provide a record of all financial transactions and decisions made on the donor’s behalf.
Referral to the Court of Protection
If the investigation reveals serious misconduct, the OPG applies to the Court of Protection to take action — including suspending or revoking the LPA.
What Can Happen to an Attorney Found to Have Acted Wrongly?
Outcomes depend on the severity of the misconduct. In serious cases, an attorney can face:
- Formal warning or guidance — For minor failings, the OPG may issue advice or require the attorney to act in a specific way going forward.
- Conditions placed on the LPA — The Court of Protection can impose restrictions on what the attorney may do.
- Suspension of the LPA — The court can temporarily suspend the attorney’s authority while an investigation continues.
- Revocation of the LPA — In the most serious cases, the court can revoke the LPA entirely and remove the attorney.
- Criminal prosecution — Where financial abuse amounts to theft, fraud, or offences under the Mental Capacity Act, the matter may be referred to the police.
An attorney found guilty of financially abusing a vulnerable person can face prosecution under the Fraud Act 2006. The penalties are serious, including custodial sentences.
How to Report Concerns to the OPG
If you have concerns about how an attorney is acting, you can contact the OPG directly. You do not need to be a family member to raise a concern — care home staff, social workers, banks, and GPs can all make referrals.
When you contact the OPG, it helps to have as much detail as possible: the donor’s name and date of birth, the nature of the concern, any evidence you have (such as bank statements, correspondence, or observations). You can find contact details through the OPG website.
For more detail on what to do if you suspect an LPA is being misused, see our guide on how to report an attorney misusing an LPA.
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Key Takeaways
- The OPG actively investigates — it has a statutory duty under the Mental Capacity Act 2005 to look into concerns about attorneys and deputies
- Common triggers include unexplained transactions — large withdrawals, property sales that benefit the attorney, and isolation of the donor are all red flags
- The investigation process is structured — from initial assessment through Court of Protection Visitors to formal referral to the court
- Outcomes range from guidance to prosecution — minor failings may result in a warning, while serious financial abuse can lead to criminal charges under the Fraud Act 2006
- Reporting is straightforward — contact the OPG by phone or in writing with as much detail as possible, including the donor's name, the nature of the concern, and any evidence
Common Questions About OPG Investigations
Can the OPG investigate an attorney?
Yes. The Office of the Public Guardian has a legal duty to investigate concerns about how attorneys are managing a donor’s affairs. Anyone can report a concern, and the OPG will assess whether to investigate or refer the matter to the Court of Protection.
What can the OPG do to an attorney?
Following an investigation, the OPG can issue guidance or a formal warning to the attorney, impose conditions on how they act, apply to the Court of Protection to have the attorney removed, or refer the matter to the police if criminal conduct is suspected.
How do I report an attorney to the OPG?
You can report concerns about an attorney to the Office of the Public Guardian by phone or in writing. The OPG will ask for evidence of the concern and may appoint a Court of Protection Visitor to carry out an investigation.
Can an attorney be removed by the OPG?
The OPG itself cannot remove an attorney — that power lies with the Court of Protection. However, the OPG can apply to the court on behalf of the donor if an investigation reveals serious misuse or misconduct.
This guide was last reviewed and updated on . Information is based on current legislation and OPG guidance for England and Wales.
Official Guidance
Further reading from GOV.UK
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