Abuse of a lasting power of attorney can be deeply distressing, especially when it involves someone entrusted to act in another person’s best interests. If you suspect that an attorney is misusing their authority, it is vital to act quickly but carefully to protect the donor and their assets.
Recognising the signs
Abuse can take many forms, from financial mismanagement to making decisions that go against the donor’s wishes. Red flags might include unexplained bank withdrawals, sudden changes in care arrangements, or the donor appearing withdrawn or fearful. It is important to document any concerns and keep a record of anything that appears unusual.
Raising concerns with the attorney
In some cases, abuse may stem from misunderstanding rather than malice. If it is safe to do so, consider speaking directly with the attorney to raise your concerns. They may be unaware of their legal obligations or may be acting without fully understanding the LPA’s limitations; however, if you suspect deliberate wrongdoing or feel that confrontation could escalate the situation, seek advice first.
Reporting suspected abuse
You can report suspected abuse of a power of attorney to the Office of the Public Guardian, or OPG, which oversees the actions of attorneys and deputies in England and Wales. The OPG can investigate and take appropriate steps, which may include suspending or removing an attorney. If there is an immediate risk of harm, contact adult social services or the police without delay. GOV.UK has more information about how to report suspected LPA abuse.
Seeking legal and professional advice
Legal professionals can help you understand the scope of an LPA and advise on appropriate action if it is being misused. There are also online services, such as https://powerofattorneyonline.co.uk, that offer guidance on setting up and managing powers of attorney responsibly.
Preventing future abuse
To minimise the risk of abuse, ensure LPAs are registered correctly and only trusted individuals are appointed. One simple way to do this is to set up a power of attorney online, which helps guide users through the legal process step by step.