OPG investigations into attorneys
Guidance from Estate Advisory Group
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.
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.
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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