What If My Attorney Abuses Their Power?

Attorney abuse is rare, but it happens. The Office of the Public Guardian investigates concerns and can remove attorneys. Prevention is better than cure — choosing the right attorney and adding safeguards makes abuse much less likely.

The thought of someone you trust misusing their powers is frightening. Here's how to protect yourself or a vulnerable family member.

Warning Signs of Abuse

Financial Abuse

• Unusual withdrawals or transfers from accounts
• Bills not being paid when there's money available
• Missing valuables or possessions
• Changes to property ownership without good reason
• Attorney living beyond their own means
• Reluctance to show financial records

Decision Abuse

• Isolating the person from family and friends
• Making decisions the person wouldn't have agreed to
• Ignoring the person's wishes and preferences
• Not consulting the person when they're able to contribute
• Prioritising attorney's convenience over person's wellbeing

Neglect

• Basic needs not being met despite resources
• Medical appointments missed
• Living conditions deteriorating
• Attorney absent and uncontactable

What Attorneys Must (and Mustn't) Do

Legal Duties of Attorneys

• Act in best interests: Every decision must benefit the person
• Consider wishes: Take their views and preferences into account
• Keep money separate: Never mix their money with yours
• Keep records: Document all decisions and transactions
• Not benefit themselves: Unless specifically authorised
• Act within authority: Only use powers granted by the LPA

What's NOT Allowed

• Making gifts to themselves (usually)
• Changing the person's will
• Delegating decisions to others (mostly)
• Acting if there's a conflict of interest
• Refusing to account for their actions

Preventing Abuse

Choose Attorneys Carefully

• Someone you truly trust, not just closest relative
• Consider their financial responsibility
• Do they understand and respect your wishes?
• Will they be able to separate their interests from yours?

Appoint Multiple Attorneys

Having two or more attorneys provides oversight:

• Jointly: Must agree on everything — maximum protection but can be impractical
• Jointly for some, severally for others: Require agreement for major decisions

Add Instructions and Restrictions

• Require joint decisions for property sales
• Set spending limits for single transactions
• Require regular accounts to named people
• Specify that certain assets shouldn't be sold

Name a Person to Be Notified

When registering your LPA, you can name people to be told:

• They'll be notified when LPA is registered
• They can raise concerns
• Acts as additional oversight

Appoint Replacement Attorneys

If concerns arise about an attorney, having replacements makes removal smoother.

What to Do If Abuse Happens

Step 1: Report to Office of the Public Guardian

The OPG investigates concerns about attorneys:

• Phone: 0300 456 0300
• Online: gov.uk/report-concern-about-attorney
• They can investigate and take action

Step 2: Report to Adult Social Services

If the person is being neglected or harmed:

• Contact local council adult safeguarding team
• They can investigate and provide support
• Can coordinate with other agencies

Step 3: Report to Police

If a crime has been committed (theft, fraud):

• Contact local police
• Ask about Action Fraud for financial crimes

Step 4: Apply to Court

The Court of Protection can:

• Remove attorneys
• Appoint new attorneys or deputies
• Order accounts and investigations
• Make specific decisions

How Attorneys Are Removed

OPG Powers

The OPG can:

• Investigate complaints
• Apply to court for attorney removal
• Suspend attorney pending investigation

Court of Protection

The court can remove attorneys who:

• Behave in a way not in person's best interests
• Are unsuitable to continue
• Have been convicted of relevant offences
• Can't fulfil their duties (incapacity, bankruptcy)

If You Still Have Capacity

If you (the donor) still have mental capacity:

• Revoke the LPA: You can cancel it entirely
• Make a new LPA: With different attorneys
• Remove specific attorneys: If you have multiple
• You remain in control: While you have capacity, you don't have to let attorneys act

Should You Use Professional Attorneys?

Pros

• Regulated and insured
• No emotional conflicts
• Professional oversight systems
• Experienced with the role

Cons

• Fees charged
• Less personal knowledge of you
• May feel impersonal

Middle Ground

Family attorney for personal decisions, professional for financial — or family with professional as backup.

Common Scenarios

Scenario 1: Family Suspicions

Situation: Daughter is attorney for elderly mum. Son notices unusual spending.

Action: Son can ask to see accounts. If refused or if concerned, report to OPG. They'll investigate and can act.

Scenario 2: Care Home Concerns

Situation: Care home notices attorney rarely visits, bills are late despite person having money.

Action: Care home should report to local safeguarding team and potentially OPG.

Scenario 3: Attorney Conflict of Interest

Situation: Attorney wants to buy person's house at below market value.

Action: This is a clear conflict. Should be refused; other attorneys or court should decide.

The Old Way vs Our Way

The Old Way	Our Way
Trust blindly	Choose carefully and add safeguards
Single attorney with all power	Multiple attorneys with oversight
Hope for the best	Instructions, restrictions, people notified
Silence when things go wrong	Know who to contact and act quickly