What Happens If Your Attorney Makes a Bad Decision?

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

If an LPA attorney makes a bad decision, the consequences depend on whether they acted honestly and in good faith or were negligent or abusive. The Mental Capacity Act 2005 protects attorneys who make genuine mistakes while trying to act in the donor’s best interests — but it offers no protection to those who act recklessly, selfishly, or dishonestly. Understanding this distinction matters, because it determines whether the situation calls for a conversation, an OPG investigation, or a Court of Protection hearing.

Good Faith vs Negligence vs Abuse

Not all bad decisions are equal. The law recognises that attorneys are often dealing with complex, uncertain situations — and that reasonable people can disagree about the right course of action. What matters is how and why the attorney reached their decision.

Legal Protection for Attorneys Acting in Good Faith

Section 5 of the Mental Capacity Act provides important protection for anyone caring for or making decisions on behalf of a person who lacks capacity. If an attorney acts in good faith, honestly believes the donor lacks capacity for the decision in question, and follows the best interests checklist, they are protected from liability — even if the decision turns out badly.

This is a deliberate safeguard. Without it, nobody would agree to act as an attorney. The role involves making difficult, sometimes high-stakes decisions under uncertainty — about medical treatment, living arrangements, financial management. The law recognises that perfection is impossible and that hindsight is a poor measure of whether a decision was reasonable at the time it was made.

Put simply, an attorney who follows the right process and acts honestly does not need to guarantee the right outcome. The protection depends on the process, not the result.

When a Bad Decision Becomes a Safeguarding Concern

There is a clear line between a poor decision and a safeguarding issue. A one-off misjudgement by an otherwise responsible attorney is very different from a pattern of behaviour that puts the donor at risk.

A bad decision may become a safeguarding concern when:

• There is a pattern of poor decisions — repeated mistakes suggest the attorney is not capable of or not interested in acting properly
• The attorney benefits personally — decisions that consistently favour the attorney’s own interests over the donor’s are a red flag
• The donor’s needs are being neglected — inadequate care, unpaid bills, or deteriorating living conditions
• The attorney is isolating the donor — restricting contact with family or friends, controlling communication
• Financial records are missing or inconsistent — an inability or refusal to account for how the donor’s money has been spent

If you recognise any of these signs, it is worth looking at our guide on how to report an attorney misusing an LPA for practical next steps.

Real-World Examples

Understanding how the law applies in practice can help clarify the distinction between a bad decision and misconduct.

Example 1: A poor investment choice

David is the attorney for his mother, Patricia. He moves £30,000 of her savings into a fixed-rate bond after taking advice from her financial adviser. The bond underperforms, and Patricia’s family are unhappy. However, David followed the adviser’s recommendation, kept records, and chose a low-risk option appropriate for his mother’s needs. This is an honest mistake — David is protected by Section 5.

Example 2: Selling property without exploring alternatives

Karen is the attorney for her father, Robert. When care home fees increase, Karen immediately puts Robert’s house on the market without looking into whether he could receive NHS Continuing Healthcare funding, whether equity release might cover the costs, or whether he could move to a less expensive home. She did not consult Robert’s other children or his social worker. This failure to consider the least restrictive option and to consult relevant people could amount to negligence.

Example 3: Self-dealing

Steven is the attorney for his uncle, George. Over two years, Steven transfers £15,000 to himself from George’s account, claiming it covers “expenses.” He keeps no records and the payments far exceed any reasonable costs. This is deliberate financial abuse. The OPG would investigate, and Steven may face removal by the Court of Protection and could face criminal charges.

What Family Members Can Do

If you believe an attorney is making bad decisions, you have several options — and the right approach depends on the severity of the situation.

Can an Attorney Be Held Personally Liable?

Yes, in certain circumstances. The Section 5 protection has limits. An attorney can be held personally liable if they:

• Acted negligently — failed to take reasonable care in making a decision, such as ignoring professional advice or not considering alternatives
• Acted dishonestly — made decisions for their own benefit rather than the donor’s
• Exceeded their authority — made decisions outside the scope of the LPA, such as a financial attorney making healthcare decisions
• Failed to keep proper records — inability to demonstrate that they followed the best interests process

The Court of Protection can order an attorney to repay money lost through negligence or misuse. In cases of deliberate fraud or theft, the attorney may face criminal prosecution and could be sentenced to imprisonment, depending on the circumstances. For more on how attorneys can be removed, see our separate guide.

How Joint Attorneys Can Prevent Bad Decisions

One of the most effective ways to reduce the risk of poor decision-making is to appoint more than one attorney. The way you structure the appointment matters.

Here is how the two main structures compare when it comes to preventing bad decisions.

A common approach is to appoint attorneys jointly for major decisions (such as selling property) and jointly and severally for day-to-day matters. This balances oversight with practicality. Our guide on the duties of an attorney explains the responsibilities that apply to all attorneys regardless of how they are appointed.

The Role of the Court of Protection in Reviewing Decisions

The Court of Protection is the specialist court that oversees decisions made on behalf of people who lack mental capacity. When it comes to attorneys making bad decisions, the court has broad powers:

• Review individual decisions — determine whether a specific decision was in the donor’s best interests
• Give directions — instruct the attorney on how to act in a particular situation
• Restrict the attorney’s powers — limit what the attorney is authorised to do
• Remove the attorney — revoke the attorney’s appointment entirely
• Revoke the LPA — cancel the lasting power of attorney if necessary
• Appoint a deputy — replace the attorney with a court-appointed deputy to manage the donor’s affairs

The court does not intervene lightly. It generally becomes involved only when there are serious concerns about the attorney’s conduct or a genuine dispute that cannot be resolved informally. In most cases, the OPG will investigate first and refer the matter to the court if necessary.

How to Reduce the Risk of Bad Decisions

If you are creating an LPA, there are practical steps you can take to minimise the risk of your attorney making poor decisions:

• Choose your attorney carefully — select someone you trust completely, who understands your values and is capable of managing your affairs. See our guide on how to choose the right attorney
• Include detailed preferences — use the preferences section of your LPA to record your wishes, values, and priorities so your attorney has clear guidance
• Appoint more than one attorney — multiple attorneys provide checks and balances, particularly if appointed jointly for significant decisions
• Name replacement attorneys — if your primary attorney cannot act, a replacement ensures someone you have chosen takes over rather than the court appointing a deputy
• Have open conversations — discuss your wishes with your attorneys while you have capacity, so they understand your values and expectations

Taking time to set up your LPA properly can prevent many problems later. If you are ready to get started, our guided LPA service walks you through each step and ensures your preferences are clearly recorded.

Common Questions About Attorney Bad Decisions

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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