Adult safeguarding and LPAs
Guidance from Estate Advisory Group
Written and legally reviewed by Ramani Gill TEP, Solicitor and private client practitioner·Last reviewed 13 August 2026
Safeguarding sits alongside the OPG. Either can be the right route depending on the harm involved.
Which route for which concern
| Concern | Report to |
|---|---|
| Attorney misusing the donor's money | OPG, and police if theft is suspected |
| Neglect or poor care at home or in a care home | Local authority adult safeguarding |
| Coercion or undue pressure over an LPA | Both, and the police in serious cases |
| Immediate risk to life | 999 |
What a referral involves
- A safeguarding enquiry under section 42 of the Care Act 2014.
- An assessment of the adult's wishes and desired outcomes.
- A protection plan, which may involve changes to care, finance controls or the OPG.
- Referral to the Court of Protection where authority needs changing.
If you are the attorney named in a referral
Engage, and bring your records
Ask what the specific concern is, provide your accounts and decision notes, and take advice if the allegation is serious. Attorneys who cooperate with clear records usually resolve enquiries quickly. See attorney record keeping.
Worked example
Priya's father, Raj, lives alone with home carers four times a day. A carer notices Raj's cupboards are increasingly bare and his direct debits for the care agency have twice bounced, even though Priya, his attorney under a registered financial LPA, tells the agency there is plenty in his account. The care agency makes a section 42 enquiry to the local authority rather than going straight to the OPG, because the immediate issue is Raj's welfare and unpaid care, not necessarily theft. The safeguarding team asks Priya for six months of statements. She produces them promptly, showing a temporary shortfall caused by a delayed pension payment, and the enquiry closes with a plan for the agency to flag missed payments sooner in future. Had Priya been unable or unwilling to explain the gap, the local authority would have referred the case on to the OPG.
How this differs from going straight to the OPG
Adult safeguarding under the Care Act 2014 looks at the whole picture of a person's care and welfare, and can act even where there is no LPA at all. The OPG's remit is narrower: it exists specifically to supervise deputies and investigate the conduct of attorneys and deputies. In practice the two bodies share information and refer cases to each other, so raising a concern with the wrong one rarely causes a problem — it usually just adds a short delay while it is passed on. If you are unsure, the safeguarding route is the safer starting point when there is any question about the donor's day-to-day welfare as well as their money.
Common questions
Can safeguarding remove my authority as attorney?
No. Only the donor with capacity, your own disclaimer, or the Court of Protection can do that. A safeguarding enquiry can, however, lead to a referral that ends with the court doing exactly that.
Can I make a referral about a co-attorney?
Yes, and you should if the donor is at risk. You do not need the other attorney's agreement to raise a concern.
Will I be told who made the referral?
Not usually. Safeguarding teams try to protect the identity of the person who raised the concern, particularly where they fear reprisals.
Does a referral automatically freeze the donor's bank accounts?
No. Banks act on their own fraud and safeguarding policies, not on a Care Act referral directly, though the two can happen at the same time.
Read next
Where this fits
This page is part of Disputes and safeguards. The pages below take it further.
- Make an LPA online
The whole journey end to end: questions, documents, signing and registration.
- Solicitor, GOV.UK or online?
An honest comparison, including when you genuinely should pay a solicitor.
Review and sources
Reviewed by Ramani Gill TEP, Solicitor and private client practitioner. Last reviewed 13 August 2026. We recheck fees, forms and Office of the Public Guardian guidance whenever they change — see our editorial policy.
Official sources
Ready to make your LPA?
Choose one LPA or both, then start online for £49 per LPA.
The Office of the Public Guardian charges a separate £92 to register each LPA.
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