Signs of financial abuse by an attorney
Guidance from Estate Advisory Group
Most attorneys are honest. The ones who are not follow a recognisable pattern.
Warning signs
- Cash withdrawals with no matching spending on the donor.
- Care fees unpaid while the attorney's own circumstances improve.
- Sudden changes to accounts, the will, or property ownership.
- The donor isolated from other relatives, or unable to speak to anyone alone.
- Refusal to provide any account of what has been spent.
What to do
- Write down dates, amounts and what you observed, factually.
- Report to the Office of the Public Guardian's safeguarding team.
- Contact the local authority adult safeguarding team, especially where there is neglect as well.
- Call the police where there is evidence of theft or coercion.
- Consider a Court of Protection application to remove the attorney.
Preventing it when making an LPA
Design the LPA against it
Appoint two attorneys, name people to notify, and consider an instruction requiring annual accounts to be shared with a named relative. See preferences and instructions.
Common questions
What if the donor still has capacity and is being pressured?
Help them revoke the LPA, and report the coercion. Undue influence over someone with capacity is still abuse.
Will reporting make things worse for the donor?
Safeguarding teams are used to managing that risk. Doing nothing rarely improves it.
Read next
Ready to make yours?
Answer five quick questions to see whether our service suits you. No account and no payment needed.
This is general information about how Lasting Powers of Attorney work in England and Wales. It is not legal advice about your situation. What we do and do not do.
Published by Estate Advisory Group