Adult safeguarding and LPAs
Guidance from Estate Advisory Group
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.
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.
Can I make a referral about a co-attorney?
Yes, and you should if the donor is at risk.
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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