What Happens If an LPA Is Misused?

Written by Anthony Dalton · Reviewed by James Tyrrell · Last reviewed 16 March 2026

An LPA grants significant authority — the power to manage another person's finances, property, or health and welfare decisions. That level of trust is not to be taken lightly. While the vast majority of attorneys act responsibly, there are cases where this power is misused. When that happens, the consequences for the attorney can be severe, including criminal prosecution and imprisonment.

The Office of the Public Guardian (OPG), the Court of Protection, and in serious cases the police all play a role in investigating and addressing LPA misuse. This guide explains the safeguards in place and what to do if you suspect abuse. If you need to revoke or replace the LPA, see our guide on cancelling or changing an LPA.

Common Types of LPA Misuse and Abuse

LPA misuse can take many forms, ranging from careless management to deliberate abuse. The most common types include:

• Financial abuse — this is the most frequently reported type of misuse. It includes stealing money from the donor's accounts, using the donor's funds for the attorney's own benefit, making gifts that are not in the donor's best interests, or selling the donor's property below market value
• Neglect of duties — an attorney who fails to manage the donor's affairs properly may be guilty of neglect. This can include not paying bills, allowing debts to accumulate, failing to maintain the donor's property, or ignoring their care needs
• Acting outside the scope of the LPA — an attorney must only exercise powers granted by the specific type of LPA they hold. A property and financial affairs attorney cannot make health decisions, and vice versa. Making decisions beyond the LPA's scope is a form of misuse
• Conflict of interest — an attorney must not put their own interests ahead of the donor's. This includes buying the donor's property for themselves, lending the donor's money to themselves, or making decisions that primarily benefit the attorney rather than the donor
• Failing to consult or involve the donor — under the Mental Capacity Act 2005, the attorney must always consider whether the donor can make the decision themselves. Where the donor has some capacity, the attorney should involve them in decision-making as much as possible

How the OPG Investigates Misuse

The Office of the Public Guardian is the body responsible for supervising attorneys and deputies in England and Wales. When concerns about potential misuse are raised, the OPG follows a structured investigation process:

• Initial assessment — the OPG evaluates the concern to determine its severity and whether it falls within their remit. They may request further information from the person raising the concern
• Investigation — if the concern warrants further action, the OPG may contact the attorney directly and ask them to provide accounts, records, or an explanation of their actions
• Court of Protection visitors — in more serious cases, the OPG can arrange for a specialist visitor to meet with the donor (and sometimes the attorney) to assess the situation in person and report back to the OPG
• Referral to the Court of Protection — if the investigation reveals serious misconduct, the OPG can refer the case to the Court of Protection for formal proceedings
• Collaboration with other agencies — the OPG works closely with local authority safeguarding teams, the police, and other agencies where appropriate

It is important to understand that the OPG itself does not have the power to remove an attorney or revoke an LPA. Only the Court of Protection can take these steps. However, the OPG plays a vital role in gathering evidence and presenting cases to the court.

Court of Protection Powers

The Court of Protection is a specialist court established under the Mental Capacity Act 2005. It has extensive powers to deal with cases of LPA misuse, including:

• Removing an attorney — the court can remove an attorney who has behaved in a way that is not in the donor's best interests, or who has breached their fiduciary duties
• Revoking the LPA — in serious cases, the court can revoke the entire LPA, which means it ceases to have any legal effect
• Appointing a deputy — if the LPA is revoked and the donor lacks capacity, the court can appoint a deputy to manage the donor's affairs going forward
• Directing the attorney — the court can issue specific directions about how the attorney should (or should not) exercise their powers
• Ordering accounts — the court can require the attorney to produce detailed financial records and accounts of all transactions made on behalf of the donor
• Interim orders — in urgent cases, the court can make immediate orders to freeze bank accounts, prevent the sale of property, or suspend the attorney's powers while the full case is investigated

Consequences for the Attorney

The consequences of misusing an LPA can be severe. Depending on the nature and seriousness of the misconduct, an attorney may face:

• Removal from the role — the Court of Protection can permanently remove the attorney, preventing them from acting on behalf of the donor
• Financial liability — an attorney who has caused financial loss to the donor may be ordered to repay the money. The court can order restitution and may also award costs against the attorney
• Criminal prosecution — if the misuse amounts to a criminal offence — such as theft, fraud, or wilful neglect — the matter can be referred to the police. Conviction can result in fines, community orders, or imprisonment
• Civil claims — the donor (or their estate) may pursue a civil claim against the attorney for breach of fiduciary duty or negligence
• Prohibition from future roles — an attorney who has been removed by the Court of Protection may be barred from acting as an attorney or deputy in the future

How to Protect Against LPA Misuse

No system can completely eliminate the risk of abuse, but there are practical steps donors and their families can take to reduce it significantly:

• Choose attorneys carefully — select people you trust completely, who are honest, capable, and willing to put your interests first
• Appoint multiple attorneys — requiring attorneys to act jointly (or jointly and severally) provides a built-in check on each other's behaviour
• Name people to notify — including named persons to be notified when the LPA is registered gives trusted individuals the chance to raise objections early
• Include preferences and instructions — clear guidance in the LPA about your wishes can help limit the scope for misuse
• Appoint replacement attorneys — if an attorney is removed, a named replacement can step in without the need for court proceedings
• Keep records — encourage your attorneys to keep thorough records of all decisions and transactions, which can be reviewed if concerns arise

If you suspect an attorney is misusing an LPA, do not wait. You can report your concerns to the OPG or contact local authority safeguarding services. In an emergency, contact the police.

What If the Donor Still Has Capacity?

If the donor still has mental capacity, they can take action themselves. A donor who has capacity can revoke their LPA at any time by completing a deed of revocation and notifying the OPG. They can also remove a specific attorney and, if they wish, create a new LPA with different attorneys.

However, if the donor has lost capacity, they cannot revoke the LPA themselves. In these cases, it falls to concerned family members, friends, professionals, or the OPG to take action through the Court of Protection. This is one of the reasons why it is so important to have safeguards built into the LPA from the outset.

People Often Ask

This guide was last reviewed and updated on 16 March 2026. Information is based on current legislation and OPG guidance for England and Wales.

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