OPG investigations into attorneys
Guidance from Estate Advisory Group
Written and legally reviewed by Ramani Gill TEP, Solicitor and private client practitioner·Last reviewed 13 August 2026
The OPG supervises deputies and investigates attorneys. Most investigations start with a phone call from a bank or a relative.
How a case starts
- A relative, neighbour, care home, GP or bank raises a concern.
- Safeguarding refers it from the local authority.
- The OPG assesses, and may visit the donor with a Court of Protection visitor.
- It can require the attorney to provide accounts and an explanation.
Possible outcomes
- No concern found, and the case closed.
- Guidance given to the attorney about how to act properly.
- A referral to the Court of Protection to revoke the LPA and remove the attorney.
- A police referral where there is evidence of theft or fraud.
If you are the attorney
Cooperate, and produce the records
Answer within the deadline, send an ordered account of income and spending, and explain any gifts or unusual transactions with documents. Take independent legal advice if the sums are large. Refusing to engage is treated as evidence in itself. See attorney record keeping.
Typical timescale
| Stage | What happens | Roughly how long |
|---|---|---|
| Initial contact | OPG writes to the attorney asking for an explanation and records | 2–4 weeks to respond |
| Assessment | OPG reviews the response, may visit the donor with a Court of Protection visitor | 4–12 weeks |
| Outcome | Case closed, guidance given, or referral to court | Varies widely by complexity |
| Court referral | OPG applies to revoke the LPA and remove the attorney | Several more months |
Worked example
Dennis is attorney for his uncle Frank, who has dementia and lives in a care home. A staff member flags to the OPG that Frank's personal allowance has not been topped up for three months and that Dennis has stopped visiting. The OPG writes to Dennis asking for six months of bank statements and an explanation. Dennis, who has in fact been paying the care home fees directly from a different account, sends copies of both accounts with a short letter explaining the split. The OPG closes the case with a note reminding him to keep the care home informed so the confusion does not recur. Had Dennis ignored the letter, the case would very likely have moved to a Court of Protection referral within a few months.
Common questions
Can I be made to repay money?
Yes. The court can order repayment, and serious cases can lead to prosecution for fraud or theft.
Can I report a concern anonymously?
You can ask for confidentiality, though the OPG may need to disclose information if the case reaches court.
Does an investigation automatically suspend my authority?
No. You remain the attorney unless and until the Court of Protection revokes the LPA, though the OPG can ask a bank to flag the account in the meantime.
What if the concern turns out to be a misunderstanding?
Most investigations end this way. A clear, organised set of records is usually enough to close the case quickly, which is exactly why attorney record keeping matters from day one.
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
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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