Appointing an attorney involves a great deal of trust. In most cases, that trust is well placed. However, concerns can arise about the way an attorney is managing someone’s money or property.

If something does not feel right, you should trust your instincts.  The first steps are to understand the attorney’s role, identify the warning signs and preserve any relevant information.

What is a Power of Attorney?

A Power of Attorney is a legal arrangement under which one person, known as the attorney, is authorised to act for another person, known as the donor.

This article focuses on Lasting Powers of Attorney in England and Wales.

There are two types of Lasting Power of Attorney:

• Property and financial affairs, covering decisions about matters such as bank accounts, bills, investments and property.
• Health and welfare, covering matters such as care, treatment and living arrangements.

A health and welfare LPA can only be used when the donor cannot make the relevant decision. A property and financial affairs LPA may, depending on its wording, be used with the donor’s permission while the donor still has capacity.

It is no longer possible to create an Enduring Power of Attorney. However, a valid EPA made and signed before 1 October 2007 may still be used. EPAs cover property and financial matters only.

What are an attorney’s responsibilities?

An attorney must act within the authority given by the document and follow the principles of the Mental Capacity Act 2005.

Where the donor lacks capacity to make a particular decision, the attorney must act in the donor’s best interests. The attorney should keep the donor’s finances separate from their own and maintain appropriate records of important decisions, income, assets and expenditure.

Attorneys also have limited powers to make gifts. Gifts must be reasonable, affordable and in the donor’s best interests. Authority from the Court of Protection may be required for gifts outside the permitted limits.

Who can investigate concerns about an attorney?

Attorneys are not routinely monitored transaction by transaction.

The Office of the Public Guardian, or OPG, can investigate certain concerns about a current attorney where the donor lacks capacity to deal with the issue. The Court of Protection also has powers relating to the validity and operation of LPAs and EPAs.

Depending on the circumstances, the police and local-authority adult safeguarding team may also have a role.

How widespread is the problem?

There is no single official figure showing how many cases of attorney financial abuse occur each year.

In January 2026, the OPG said its teams had handled more than 11,000 concerns during the previous year, although only around one-third fell within its legal powers to act. This figure includes reported (rather than proven) concerns about attorneys and deputies.

What are the warning signs?

A single unusual payment does not necessarily establish wrongdoing, although it could do if it’s a significant transaction eg, the transfer of a property. Often, it is a pattern of behaviour which causes concern.

Possible warning signs include:

• unexplained withdrawals or transfers;
• care fees, household expenses or other bills going unpaid;
• money being mixed with the attorney’s own funds;
• unusually large or out-of-character gifts;
• loans made from the donor’s money;
• someone living in the donor’s property rent-free or below market rent;
• assets being sold without an apparent benefit to the donor;
• a noticeable decline in the donor’s standard of living;
• the attorney benefiting personally from decisions; or
• reluctance to provide accounts, receipts or an explanation of transactions.

These signs do not prove abuse. They provide a reason to ask questions and, where appropriate, seek specialist advice.

Why can financial abuse be difficult to tackle?

These cases are rarely just about money.

Family relationships

The attorney may be a partner, child, sibling or close friend. Raising concerns can feel disloyal and may expose existing family tensions.

Capacity

A person must not be treated as lacking capacity simply because they are older, have a particular diagnosis, eg dementia or make a decision others consider unwise. Capacity concerns the particular decision at the time it needs to be made and may fluctuate.

Secrecy and lack of evidence

Relatives may suspect something is wrong without having access to accounts or statements. The attorney may be the only person with a complete picture of the finances.

Limits on what authorities can do

Different organisations have different legal functions. The OPG may be unable to investigate where, for example, the donor has capacity, has died, the attorney is no longer acting or the power has been revoked. Other safeguarding, criminal, probate or civil routes may still be available.

Recovering the money

Stopping an attorney from continuing to act and recovering money are separate issues. An attorney may be ordered to repay money which has been misused, but recovery can be difficult if funds have been spent or transferred.

Common pitfalls

Try to avoid:

• treating unusual spending as automatic proof of theft;
• assuming that age or a diagnosis means the donor lacks capacity;
• confronting the attorney before preserving relevant records;
• waiting until substantial sums have disappeared;
• focusing only on removing the attorney, without considering recovery;
• assuming another relative or authority is already dealing with matters; or
• overlooking the possibility of urgent safeguarding action.

What you can do now

If you are concerned:

1. Write down what has caused concern, including dates, transactions and amounts.
2. Preserve documents you already legitimately hold, such as statements, invoices and correspondence.
3. Consider capacity carefully and obtain an appropriate assessment where necessary.
4. Avoid unnecessary confrontation if it could put the donor or their assets at further risk.
5. Report suitable concerns to the OPG. You can make a report even if you do not yet have every piece of information.
6. Contact adult social services if the donor may be at risk of abuse or neglect.
7. Call 999 in an emergency, or contact the police if you believe a criminal offence may have been committed.
8. Take legal advice promptly, particularly where significant assets are at risk or money may need to be recovered.

Suspecting financial abuse by someone trusted can be upsetting and isolating. You do not need to prove wrongdoing before asking for help.

If you are concerned about the actions of an attorney, contact our team. We can help you understand the legal position, consider the available evidence and identify the appropriate next steps.

This article provides general information about the law in England and Wales. It is not legal advice.

FAQs

1. What is financial abuse by an attorney?

It may involve an attorney misusing the donor’s money or property, exceeding their authority, making improper gifts or using their position for personal benefit. An unusual transaction does not necessarily prove abuse and should be considered in context.

2. Who investigates misuse of a Power of Attorney?

The OPG can investigate certain concerns about a current attorney where the donor lacks capacity to address the issue. The Court of Protection, police and local-authority safeguarding teams may also have roles, depending on the circumstances.

3. Can I report an attorney to the OPG?

Yes. Anyone can report a concern, including relatives, friends, care workers, professionals and members of the public. You can report even if you do not have all the relevant information.

4. Can an attorney give the donor’s money away?

An attorney has limited authority to make gifts. Gifts must fall within the permitted rules, be affordable and be in the donor’s best interests. Some gifts require prior authority from the Court of Protection.

5. Can money misused by an attorney be recovered?

Recovery may be possible, but it is not automatic. The options depend on the evidence, what happened to the money and whether the attorney still has assets. Prompt legal advice can help protect the position.