If you are concerned that an attorney is misusing money under a registered Lasting Power of Attorney (LPA), you can report it to the Office of the Public Guardian (OPG). The OPG can investigate certain concerns where the donor lacks mental capacity to deal with the issue themselves and can apply to the Court of Protection. The court can remove an attorney, cancel an LPA or appoint a deputy.
Where dishonest conduct may amount to fraud, it can also be reported through Report Fraud, which replaced Action Fraud in December 2025.
What counts as misuse?
An attorney must follow the Mental Capacity Act 2005 and act in the donor’s best interests. Examples include unexplained withdrawals, transfers benefiting the attorney, mixing finances, inappropriate gifts and property transactions that disadvantage the donor.
Attorneys have limited gifting powers. They can generally make reasonable gifts on customary occasions and certain charitable donations, provided the donor can afford them. Other gifts usually require Court of Protection approval. An attorney paying themselves for family care should also seek court approval because of the potential conflict of interest.
Where to report concerns
| Route | What it covers | Possible outcome |
|---|---|---|
| Office of the Public Guardian | Misuse by attorneys, deputies or guardians | Investigation and possible court application |
| Court of Protection | Mental Capacity Act disputes | Removal of attorney, cancellation of LPA or appointment of deputy |
| Local authority safeguarding | Adult safeguarding concerns | Assessment and multi-agency response |
| Report Fraud / police | Suspected fraud or theft | Criminal investigation where appropriate |
| Donor’s bank | Suspicious transactions | Review or account restrictions |
| Civil proceedings | Recovery of money or property | Judgment and enforcement |
You can report a concern about an attorney to the OPG online. In 2025/26, 13,183 concerns were raised with the OPG and 3,645, or 28%, were accepted for investigation. Its published updates on LPA investigations explain the process.
If the donor still has capacity
A donor with mental capacity can cancel a registered LPA using a deed of revocation and notifying the OPG. Capacity is decision-specific, so a dementia diagnosis does not automatically mean capacity has been lost. See appointing executors and trustees where there is an Alzheimer’s diagnosis.
Planning may also involve joint lasting power of attorney arrangements or life interest trusts and protective will structures.
Gathering evidence and recovering money
Keep bank statements, receipts, correspondence and property records in date order. See putting together an evidence file that stands up in court.
Property issues may also involve commercial lease solicitors in London, landlord and tenant eviction services, housing disrepair solicitors in London or guidance on chasing and documenting rent arrears properly.
Court of Protection fees are £432 for an application and £266 for a hearing where applicable. Separate civil recovery may also be required; see choosing the right court route for a civil dispute and recent court and tribunal fee increases.
If the donor has died, the LPA ends and the OPG’s investigative jurisdiction ends. Recovery will generally need to be considered through the estate, and our probate solicitors in London can advise.
Frequently asked questions
Can the OPG remove an attorney?
No. The OPG can investigate and apply to the Court of Protection, but the court decides whether to remove an attorney.
Can an attorney give themselves money?
Not simply because they hold an LPA. Gifts, benefits and family-care payments are restricted and may require court approval.
Can the donor cancel the LPA?
Yes, if the donor has mental capacity and follows the formal revocation procedure.
Should I confront the attorney first?
Not necessarily. Preserving evidence and taking advice first may be sensible.
Get advice before taking action
If you are concerned about misuse of an LPA, speak to our solicitors in North London on 020 3581 9293 or email info@atalawsolicitors.com.