How to Report Concerns About an Attorney or Deputy to the OPG
You've noticed something isn't right. Money is disappearing from your parent's account. Care bills aren't being paid. The attorney appointed under their Lasting Power of Attorney seems to be using their funds for themselves.
This is financial abuse — and it's more common than most people realise. The good news is that you can report it. The Office of the Public Guardian (OPG) has the legal power to investigate and, if necessary, remove an abusive attorney or deputy.
This guide explains exactly how to report concerns, what the OPG can and cannot investigate, and what happens after you make a report.
Key point: Anyone can report concerns about an attorney or deputy to the OPG — you don't need to be a family member. Reports can be made anonymously, and there's no fee.
The Scale of the Problem
Attorney and deputy abuse is a growing issue. According to the OPG's annual reports:
With over 8 million Lasting Powers of Attorney registered in England and Wales, even a small percentage of abuse represents thousands of vulnerable people at risk.
What Is the Office of the Public Guardian?
The OPG is an executive agency of the Ministry of Justice. It was created under the Mental Capacity Act 2005 to:
- Register Lasting Powers of Attorney (LPAs) and Enduring Powers of Attorney (EPAs)
- Supervise deputies appointed by the Court of Protection
- Maintain the public registers of attorneys, deputies, and guardians
- Investigate complaints about how attorneys and deputies exercise their powers
The OPG has legal power to investigate concerns and, where necessary, apply to the Court of Protection to remove an attorney or deputy who is not acting in the person's best interests.
What Concerns Can the OPG Investigate?
The OPG can investigate concerns about:
- Misuse of money — the attorney or deputy is spending the person's money on themselves, making unauthorised gifts, or failing to pay for care
- Decisions not in the person's best interests — the attorney is making decisions that benefit themselves rather than the donor
- How an LPA or EPA was made — if you believe the person was coerced, lacked mental capacity to sign, or didn't understand what they were signing
- How a deputy has acted — deputies are appointed by the Court of Protection and are subject to closer supervision
Common examples of abuse
| Type of abuse | Examples |
|---|---|
| Financial abuse | Transferring funds to themselves, selling property and keeping proceeds, not paying care home fees |
| Unauthorised gifts | Giving away the person's money or assets without proper authority |
| Neglect | Failing to arrange proper care, ignoring the person's needs |
| Conflict of interest | Attorney moves into the person's property rent-free, uses their car, lives off their income |
| Poor record-keeping | No accounts kept, unable to explain where money has gone |
What the OPG Cannot Investigate
The OPG cannot investigate:
- Concerns about someone who is not a registered attorney or court-appointed deputy
- Actions that happened before the LPA or EPA was registered (unless it's about how the document was made)
- Concerns where the LPA has already been revoked or the donor has died
- Unregistered Enduring Powers of Attorney (in some cases)
- Disputes between family members that don't involve the attorney's conduct
If your concern falls outside the OPG's remit, they will signpost you to the appropriate authority — usually the local authority's adult safeguarding team or the police.
How to Report Concerns
Step 1: Check if there's a registered LPA, EPA, or deputyship
The OPG can only investigate registered attorneys and court-appointed deputies. If you're not sure whether there's a registered power of attorney, you can search the OPG register using form OPG100.
Step 2: Gather your evidence
You don't need complete evidence to make a report — reasonable grounds for concern are enough. But it helps to have:
- Bank statements or financial records showing unusual transactions
- Receipts or invoices that don't add up
- Dates and details of specific incidents
- Names of witnesses who can corroborate your concerns
- Any correspondence with the attorney or deputy
Step 3: Complete form OPG130
The OPG has a dedicated form for reporting concerns: OPG130. You can download it from GOV.UK or use the online version.
The form asks for:
- Details of the donor or client (the person the attorney is supposed to be looking after)
- Details of the attorney or deputy you're concerned about
- Your relationship to the donor
- The specific concerns you have
- Any evidence you can provide
- Whether you've reported to anyone else (police, social services)
Step 4: Submit your report
OPG Safeguarding Unit
Email: opg.safeguardingunit@publicguardian.gov.uk (put "Concern raising" as the subject)
Phone: 0300 456 0300 (Monday to Friday, 9am to 5pm; Wednesday 10am to 5pm)
From outside the UK: +44 (0)203 518 9639
Post: Office of the Public Guardian, PO Box 16185, Birmingham, B2 2WH
What Happens After You Report?
Initial assessment (2-5 working days)
The OPG will risk-assess your concern within 2 working days. If there's an immediate risk to the person's safety, they will refer it to the police or social services within 48 hours.
Within 5 working days, the OPG will decide whether they can investigate the concern or whether it needs to be referred to another authority.
Investigation (typically 14-20 weeks)
If the OPG opens an investigation, they may:
- Send a Court of Protection visitor to assess the donor's mental capacity and speak to them about the concerns
- Contact the attorney or deputy and ask them to explain their actions
- Request bank statements, receipts, and financial records
- Speak to social services, care providers, and other relevant parties
- Check whether any safeguarding reports have been made
The OPG's target is to complete investigations within 70 working days. In practice, the average is longer — 138 working days in 2024-25 due to increased demand.
Possible outcomes
| Outcome | What it means |
|---|---|
| No further action (77% of cases) | The investigation found no evidence of abuse or the attorney was acting appropriately |
| Measures short of court (8%) | The OPG asks the attorney to take corrective action and monitors them |
| Court of Protection action (15%) | The OPG applies to the Court to freeze accounts, revoke the LPA, or remove the attorney |
| Police referral | In serious cases, the OPG refers the matter to the police for criminal investigation |
What Powers Does the OPG Have?
The OPG has significant legal powers when investigating concerns:
- Request documents — they can require the attorney or deputy to provide bank statements, accounts, and records
- Send visitors — Court of Protection visitors can visit the donor at home to assess their situation
- Freeze bank accounts — the OPG can apply to the Court of Protection to freeze accounts to prevent further loss
- Revoke LPAs — the Court can cancel the Lasting Power of Attorney entirely
- Remove attorneys/deputies — the Court can remove an attorney or deputy and appoint a replacement
- Appoint a panel deputy — a professional deputy (usually a solicitor) can be appointed to manage the person's affairs
- Refer to police — the OPG can refer cases to the police for investigation under the Fraud Act 2006
Criminal consequences: Under Section 4 of the Fraud Act 2006, "Fraud by Abuse of Position" is punishable by up to 10 years in prison. Attorneys who steal from those they're supposed to protect can face serious criminal charges.
What If You're the Attorney Being Investigated?
If you receive a letter from the OPG saying you're under investigation, don't panic — but do take it seriously.
- Respond promptly — the OPG typically gives 2 weeks to respond (often less if the letter arrives late). Request an extension if you need one.
- Be factual — stick to the facts and avoid emotional language about the person who reported you
- Provide evidence — bank statements, receipts, records of decisions you've made
- Show you understand your duties — demonstrate you're familiar with the Mental Capacity Act 2005 and the Code of Practice
- Consider legal advice — if the investigation is serious, specialist legal advice may be worthwhile
In 77% of investigations, no action is required. But responding properly is crucial — ignorance of your duties is not a defence.
Other Reporting Options
Depending on the situation, you may also want to report to:
- Local authority adult safeguarding team — if the person is at risk of abuse or neglect (they have a duty to investigate under the Care Act 2014)
- Police — if you believe a crime has been committed (call 101 for non-emergencies, 999 if someone is in immediate danger)
- The person's bank — banks have safeguarding procedures and can flag or freeze accounts if they suspect financial abuse
- Care Quality Commission — if the person is in a care home and you have concerns about their care
You can report to multiple agencies — they often work together on safeguarding cases.
Frequently Asked Questions
Can I report anonymously?
Yes. You can report concerns to the OPG without giving your name. However, providing contact details allows the OPG to follow up with you for more information, which can strengthen the investigation.
What if the donor still has mental capacity?
If the donor has capacity, they can revoke the LPA themselves. The OPG may suggest they speak to a solicitor or local support service. However, if there's evidence of coercion or undue influence, the OPG may still investigate.
What if the donor has died?
The OPG cannot investigate after the donor has died because the LPA or deputyship ends at death. However, if you believe money was stolen, you can report to the police or the donor's personal representatives (executors) can pursue a civil claim.
How long does the investigation take?
The OPG aims for 70 working days (about 14 weeks) but investigations currently average 93-138 working days due to increased demand. Complex cases take longer.
Will the attorney know I reported them?
The OPG doesn't routinely disclose who made a report. However, in some cases it may become apparent, especially if you're a family member with knowledge of specific transactions.
Need Help With Your Report?
Clear Draft can help you prepare a clear, comprehensive concern letter to the OPG. We'll structure your concerns properly and ensure all relevant information is included — so your report is taken seriously.
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