How to Report an Attorney Misusing an LPA

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

To report an attorney misusing an LPA, contact the Office of the Public Guardian (OPG) on 0300 456 0300 or report online via GOV.UK. Anyone can report — you do not need to be a family member. You notice unexplained withdrawals from your mother's bank account. Her savings are shrinking and nobody can explain why. If you suspect an attorney is misusing a Lasting Power of Attorney (LPA), you need to act quickly — the longer abuse continues, the greater the harm to the donor. Whether the concern involves financial exploitation, neglect, or decisions made against the donor's best interests, there are established processes for reporting and investigating LPA misuse. This guide explains exactly how to raise concerns, what evidence to gather, and what to expect from the investigation process. If the outcome leads to revoking the LPA, our guide on cancelling or changing an LPA covers the next steps.

Step 1: Contact the Office of the Public Guardian

The Office of the Public Guardian (OPG) is the first point of contact for reporting concerns about an attorney's behaviour. The OPG has a dedicated safeguarding team that handles reports of misuse. You can contact them by:

• Telephone — call the OPG on 0300 456 0300 (Monday to Friday, 9am to 5pm). They have specialist advisors who can guide you through the process
• Online — use the government’s online form on GOV.UK to report concerns about an attorney or deputy. The form is available 24 hours a day and is the most secure way to submit sensitive information.
• Post — write to the Office of the Public Guardian, PO Box 16185, Birmingham B2 2WH, providing as much detail as possible about your concerns
• Email — contact customerservices@publicguardian.gov.uk for general enquiries, though sensitive information should be submitted via the secure online form or by post

There is no fee for making a report, and you do not need to be a relative or have any formal legal standing. Anyone who has genuine concerns can raise them with the OPG — including neighbours, carers, medical professionals, bank staff, or social workers.

Step 2: Gather Evidence

Before making a report, it is helpful to gather as much evidence as you can. The more specific and detailed your information, the more effectively the OPG can investigate. Useful evidence may include:

• Financial records — bank statements showing unusual transactions, unexplained withdrawals, or transfers to the attorney's own accounts
• Dates and details — a timeline of specific incidents, decisions, or actions that you believe constitute misuse
• Witness accounts — statements from other family members, carers, or professionals who share your concerns
• Correspondence — letters, emails, or text messages from the attorney that indicate they are acting improperly
• The donor's wishes — any evidence of what the donor wanted, including previous conversations, written instructions, or preferences stated in the LPA itself
• Medical information — if the concern relates to health and welfare decisions, any medical records or professional opinions that suggest the attorney is not acting in the donor's best interests

Do not worry if you cannot obtain all of this evidence. The OPG has the power to request information directly from the attorney, banks, and other organisations during their investigation. Even a concern based on observations and conversations can be enough to trigger an investigation.

Step 3: What to Include in Your Report

When contacting the OPG, try to include the following information to help them assess your concern quickly:

• The donor's full name, date of birth, and address
• The attorney's full name and their relationship to the donor
• The type of LPA (Property and Financial Affairs, Health and Welfare, or both)
• Whether the LPA is registered
• A clear description of the behaviour or actions you are concerned about
• When the behaviour started and how long it has been going on
• Any evidence you have (you can send documents separately if needed)
• Whether the donor is aware of the concern and whether they still have capacity
• Whether any other agencies are already involved (police, social services, etc.)

What Happens After You Report

Once the OPG receives your report, they will follow a structured investigation process:

• Acknowledgement — the OPG will confirm they have received your report, usually within a few working days
• Assessment — a safeguarding officer will assess the seriousness of the concern and decide what level of investigation is appropriate
• Investigation — the OPG may contact the attorney to request an explanation, financial records, or an account of their decisions. They may also contact the donor, other family members, or relevant professionals
• Visitor assessment — in more serious cases, the OPG may arrange for a Court of Protection visitor to meet with the donor and report back on their wellbeing and the attorney's conduct
• Outcome — depending on the findings, the OPG may close the case if no misuse is found, issue guidance to the attorney, or refer the case to the Court of Protection for formal action

The investigation process can take several weeks or months, depending on the complexity of the case. The OPG will usually keep you informed of progress, although they cannot always share all details due to privacy obligations.

Emergency Measures to Protect the Donor

If the donor is at immediate risk of harm or significant financial loss, do not wait for the OPG investigation process. Emergency measures are available:

• Police — if you believe a criminal offence has been or is being committed (such as theft, fraud, or physical abuse), contact the police. They can investigate criminal matters alongside the OPG's civil investigation
• Local authority safeguarding — your local council's adult safeguarding team can arrange urgent welfare checks and may be able to intervene more quickly than the OPG in some circumstances
• Court of Protection urgent applications — in extreme cases, an application can be made to the Court of Protection for an emergency order to freeze bank accounts, suspend the attorney's powers, or take other protective measures. These applications can sometimes be dealt with within 24 to 48 hours
• Bank freezing — if you are aware that the attorney is rapidly depleting the donor's bank accounts, you can contact the bank directly. Many banks have specialist vulnerable customer teams and may be able to place temporary restrictions on the account while the matter is investigated

Can I Report Anonymously?

One of the most common reasons people delay reporting is the fear of repercussions — particularly in family situations where the attorney is a relative. You can raise concerns with the OPG without the attorney necessarily finding out who made the report. The OPG does not routinely disclose the identity of those who raise safeguarding concerns.

There are some limits to consider:

• If the case progresses to the Court of Protection, formal proceedings may require evidence and witnesses to be identified
• Where the OPG needs to verify your account, they may need to contact you again — providing contact details helps the investigation
• Malicious or vexatious reports made in bad faith could in theory attract legal consequences, but genuine concerns raised in good faith are fully protected

If you are concerned about family fallout, it may help to know that the OPG can sometimes resolve matters without the reporter being identified at all. Many investigations result in corrective guidance to the attorney rather than formal proceedings.

What If the Attorney Is Also a Family Member?

Many LPA misuse cases involve family members acting as attorneys, which can make the situation particularly difficult to navigate. You may feel reluctant to report a sibling, parent, or child. The reality is that the donor's welfare must come first:

• Family relationships do not override the legal duty to protect the donor
• Your report can be made confidentially — the OPG will not necessarily reveal who raised the concern
• Not all reports lead to formal proceedings — sometimes the OPG's involvement is enough to correct the attorney's behaviour
• If the attorney is ultimately removed, a replacement attorney (if one was named) or a court-appointed deputy can step in to manage the donor's affairs

Taking action to protect a vulnerable person is never something to feel guilty about. The legal framework exists specifically to safeguard people in these situations, and raising a concern is a responsible and courageous step.

Is LPA Misuse a Criminal Offence?

Yes — misusing a Lasting Power of Attorney can constitute a serious criminal offence, not merely a civil matter. Attorneys who steal or misappropriate a donor’s money may face prosecution under:

• The Theft Act 1968 — stealing or dishonestly appropriating the donor’s property is theft. A conviction can result in a custodial sentence.
• The Fraud Act 2006 — obtaining a financial advantage by false representation, abuse of position, or failing to disclose information can all constitute fraud under this Act. An attorney who exploits their trusted position may be guilty of fraud by abuse of position (section 4).
• The Mental Capacity Act 2005 (section 44) — ill-treatment or wilful neglect of a person who lacks capacity is a specific criminal offence. This applies to attorneys as well as paid carers and family members in a caring role.

The OPG’s investigation is a civil process, but it can run in parallel with a police investigation. If the OPG believes criminal conduct has occurred, they will refer the matter to the police. If you believe a crime is being committed right now, you should contact the police directly — do not wait for the OPG process to conclude.

Reporting to the OPG does not prevent you from also reporting to the police. Both investigations can proceed simultaneously, and evidence shared with the OPG may also be relevant to any criminal proceedings.

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Reporting LPA Misuse: Answers to Key Questions

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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