A Lasting Power of Attorney gives someone the legal authority to make decisions on behalf of another person who may be unable to do so themselves. While most attorneys act responsibly, there are occasions when concerns arise about their conduct. In such cases, there are formal steps you can take to report the issue.
First step is identifying the problem
You may be concerned if you notice unexplained changes in the donor’s finances, the sudden withdrawal of large amounts of money or property being sold without a clear reason. You may also worry about emotional or physical mistreatment, or that the attorney is not acting in the donor’s best interests.
Who should I contact?
The main authority for investigating concerns about LPA attorneys in England and Wales is the Office of the Public Guardian. If you suspect misuse or abuse of power, you can report it directly to them. The OPG has the power to investigate complaints, demand financial records, and involve the Court of Protection if needed.
The process of setting up a UK power of attorney is straightforward, but requires careful consideration. Without a UK power of attorney, families may need to go to court to make decisions on behalf of someone who’s lost capacity. Thousands of LPA applications are rejected due to errors, but mistakes can be avoided.
How can I raise a concern?
You can visit the government’s website and complete the online form. Alternatively, you can write to the Office of the Public Guardian at PO Box 16185, Birmingham, B2 2WH, or call the office on 0300 456 0300.
What happens next?
Once the concern is reported, the Office of the Public Guardian may begin an investigation. If they find serious issues, they can suspend or remove the attorney, involve social services, or refer the case for criminal investigation.
If you believe an attorney under an LPA is abusing their position, don’t ignore it. Swift action helps protect vulnerable people. The Office of the Public Guardian is there to help, so don’t hesitate to report your concerns.