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Lasting Power of Attorney

Power of Attorney and Financial Abuse

Power of attorney abuse happens when an attorney uses the role for the wrong reasons, such as spending the donor's money on themselves rather than acting in the donor's best interests.

8 min read · Written by the Fairchild Oldfield team · Last reviewed: July 2026

0300 456 0300
The Office of the Public Guardian phone line for raising a concern about an attorney or deputy who may be misusing money or not acting in the donor's best interests.
Source: gov.uk, as at July 2026, subject to change.

Power of attorney abuse is where an attorney breaks the trust placed in them, most often by using the donor's money or property in the wrong way or by making decisions that are not in the donor's best interests. Anyone can report a concern to the Office of the Public Guardian (OPG), which can investigate where the donor lacks the capacity to deal with it themselves (gov.uk, as at July 2026, subject to change).

A lasting power of attorney gives one person real control over another's finances or care decisions, so the role carries strict legal duties. Most attorneys act honestly, but a minority exploit the position. This guide explains what abuse looks like, the limits on an attorney's powers, how to raise a concern, and what the OPG and the courts can do. It sits alongside our Lasting Power of Attorney Explained guide and our note on attorney duties. Figures are current as at July 2026 and are subject to change.

What counts as power of attorney abuse?

Power of attorney abuse is any use of the role that falls outside the attorney's legal duties. It commonly means financial misuse, such as spending the donor's money on the attorney, moving funds without good reason, or making gifts beyond what the law allows. It can also mean neglect or decisions that ignore the donor's wishes and best interests (gov.uk, as at July 2026, subject to change).

What are the warning signs?

The signs are often financial. Unexplained withdrawals, missing valuables, sudden changes to a will or property ownership, unpaid bills despite available funds, or the donor being kept away from family can all point to a problem. No single sign proves abuse, but a pattern may justify raising a concern with the OPG or the local authority (gov.uk, as at July 2026, subject to change).

  • Money moving oddly. Withdrawals, transfers or new credit that the donor cannot explain.
  • Assets changing hands. Property put into someone else's name, or possessions going missing.
  • Isolation. The donor kept from seeing relatives, or an attorney controlling all contact.
  • Bills unpaid. Care fees or household costs left owing while funds exist.

The legal limits

What an attorney may not do

An attorney must act in the donor's best interests and follow the principles of the Mental Capacity Act 2005, keeping the donor's money and property separate from their own and keeping records of what they spend (gov.uk, OPG safeguarding policy, as at July 2026, subject to change). They generally may not benefit themselves, make large or unusual gifts, or ignore the donor's known wishes.

Registration also carries a fee, so the role is a formal legal appointment rather than an informal arrangement. Registering a lasting power of attorney with the OPG costs £92 for each type, with fee reductions or exemptions for those on a low income or certain benefits (gov.uk, as at July 2026, subject to change). An attorney who oversteps these duties may be investigated and, in serious cases, removed.

For the full picture of an attorney's obligations, see our guide to attorney duties.

Registration fee, per type

£92

The Office of the Public Guardian fee to register each lasting power of attorney, with reductions or exemptions available on a low income or certain benefits (gov.uk, as at July 2026, subject to change).

How do you report power of attorney abuse?

Anyone can raise a concern with the Office of the Public Guardian, whether the donor, a relative, a professional or a member of the public, and reports are kept confidential. The OPG can investigate where the donor lacks the mental capacity to deal with the issue themselves, and you can report online, by post, by email, or by phone on 0300 456 0300 (gov.uk, as at July 2026, subject to change). Where a crime may have been committed or someone is in immediate danger, the police can also be contacted.

RouteWhen it may fit
Office of the Public GuardianConcerns about a registered attorney or deputy where the donor lacks capacity to act.
Local authority safeguarding teamWider concerns about an adult at risk of abuse or neglect.
Police (999 or 101)A suspected crime, such as theft or fraud, or immediate danger.

Source: gov.uk, report a concern about an attorney or deputy, and gov.uk, OPG safeguarding policy, as at July 2026 and subject to change.

A worked example (illustration only). An elderly man appoints his nephew as attorney for property and finances. Over a year the family notices £600 a month leaving the account with no matching bills, and the man's care costs falling into arrears. A relative raises a concern with the OPG, which can investigate because the donor no longer has capacity to deal with it himself (gov.uk, as at July 2026, subject to change). The OPG asks the nephew for records and an explanation, and where it has concerns it may make a safeguarding referral to the local authority or apply to the Court of Protection (gov.uk, as at July 2026, subject to change). Change the facts and the outcome changes, so this is general information rather than a ruling on any real case.

How can families reduce the risk?

Prevention often starts at the point the power of attorney is made. Many people choose to appoint more than one attorney, to require them to act jointly on major decisions, or to name someone trusted to be told when the power is used. Asking an attorney to share accounts with the wider family can also help, though this is one option some consider and it can be worth discussing with a qualified professional first (gov.uk, OPG safeguarding policy, as at July 2026, subject to change).

  • More than one attorney. Requiring attorneys to act jointly on big decisions adds a check.
  • Records shared. Regular account summaries to the family make misuse easier to spot.
  • Choosing carefully. The role suits someone trusted, organised and willing to keep clear accounts.

If a concern is raised

What the OPG and the courts can do

I

A concern is reported

Anyone can raise a concern with the OPG, in confidence, by phone, post, email or online.

II

The OPG investigates

Where the donor lacks capacity, the OPG can ask the attorney for records and explanations.

III

Other agencies may act

The OPG may refer to local authority safeguarding, or to the police where a crime is suspected.

IV

The Court of Protection

The Public Guardian can apply to the Court of Protection, which can revoke or vary a power of attorney and remove an attorney. Source: gov.uk, as at July 2026, subject to change.

Power of attorney abuse in Scotland and Northern Ireland

The Office of the Public Guardian for England and Wales supervises lasting powers of attorney made under the Mental Capacity Act 2005 (gov.uk, OPG safeguarding policy, as at July 2026, subject to change). Scotland has its own system, with the Office of the Public Guardian (Scotland) and the sheriff court, and continuing and welfare powers of attorney under separate legislation. Northern Ireland has its own arrangements too. Where a donor, an attorney or the assets sit in more than one UK nation, it can be worth taking advice locally. For the wider context, see our estate planning guide.

Frequently asked questions

What is power of attorney abuse?

It is any misuse of the attorney role. In practice that usually means spending the donor's money on the attorney, making gifts or transfers beyond what the law allows, or making decisions that are not in the donor's best interests. The OPG can look into concerns about a registered attorney where the donor lacks capacity to deal with it (gov.uk, as at July 2026, subject to change).

How do I report a concern about an attorney?

Anyone can report a concern to the Office of the Public Guardian, in confidence, online, by post, by email, or by phone on 0300 456 0300 (gov.uk, as at July 2026, subject to change). Where a crime may have happened or someone is at immediate risk, the police can be contacted, and the local authority safeguarding team can look at wider concerns about an adult at risk.

Can an attorney take money for themselves?

Generally no. An attorney must act in the donor's best interests, keep the donor's money separate from their own, and keep records, following the Mental Capacity Act 2005 principles (gov.uk, as at July 2026, subject to change). Reasonable expenses may be met, but taking money for personal benefit or making large gifts can amount to misuse and may be investigated.

Can a lasting power of attorney be cancelled if it is misused?

It can. Where an attorney is not acting properly, the Public Guardian can apply to the Court of Protection, which can revoke or vary a power of attorney and remove the attorney (gov.uk, OPG safeguarding policy, as at July 2026, subject to change). A donor who still has capacity can also generally cancel their own power of attorney.

Does reporting a concern cost anything?

Raising a concern about an attorney with the Office of the Public Guardian is a safeguarding route rather than a paid application, and no fee is stated for reporting (gov.uk, as at July 2026, subject to change). Separately, registering a lasting power of attorney costs £92 for each type, with reductions or exemptions on a low income (gov.uk, as at July 2026, subject to change).

Is the process the same across the UK?

No. The Office of the Public Guardian for England and Wales oversees lasting powers of attorney under the Mental Capacity Act 2005 (gov.uk, as at July 2026, subject to change). Scotland and Northern Ireland have their own public guardians, courts and legislation, so the forms and routes differ. Where more than one nation is involved, taking local advice can help.

About Fairchild Oldfield

The Fairchild Oldfield team brings together estate planning, tax, independent financial advice and client care, working with families across England and Wales.

Fairchild Oldfield are estate planning specialists and will writers, not a firm of solicitors. This article is general information based on practical experience, not legal, tax or financial advice.

Important: This article is general information only and is not legal, tax or financial advice. Reading it does not create a professional relationship. It is based on the law of England and Wales, and other UK jurisdictions may differ. Figures and rules are current as at July 2026 and are subject to change. Before acting, many people choose to seek advice from a suitably qualified professional, such as a solicitor, a STEP practitioner, an accountant, or an FCA-authorised financial adviser, who can consider your individual circumstances.

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