Letter to Office of the Public Guardian Raising LPA Concerns
Formal letter to the Office of the Public Guardian (OPG) raising concerns about the actions of an attorney under a Lasting Power of Attorney, including suspected misuse or financial abuse.
When to use this template
Use this letter when you have genuine concerns that an attorney under a Lasting Power of Attorney (LPA) or an Enduring Power of Attorney (EPA) is: acting outside the scope of their authority; misusing funds or assets of the donor; failing to act in the donor's best interests; or not complying with the Mental Capacity Act 2005. The OPG can investigate and may apply to the Court of Protection to revoke the LPA and remove the attorney.
When NOT to use this template
If you believe there is an immediate risk of financial abuse or safeguarding emergency, contact Adult Social Services immediately rather than waiting for the OPG process. This letter is not appropriate for raising concerns about an attorney's personal (welfare) decisions alone โ the OPG primarily investigates property and financial attorneys. If you disagree with a welfare decision, you may need to make an application to the Court of Protection.
Legal Basis
Mental Capacity Act 2005, ss.9โ14 (LPAs) and s.22 (Court of Protection power to revoke LPA); Mental Capacity Act 2005, s.1 (five principles including best interests); Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007; Mental Capacity Act Code of Practice 2007.
Common Mistakes to Avoid
- โNot providing specific examples of the behaviour complained of โ vague concerns are harder for the OPG to investigate
- โNot enclosing documentary evidence where available (bank statements, correspondence, witness statements)
- โConfusing the OPG with the Court of Protection โ the OPG investigates and supervises; the Court makes binding orders
- โNot also notifying Adult Social Services if there is a safeguarding dimension
Build Your Letter
Fill in your details
Complete the fields below. Required fields are marked with *.
Optional fields
Letter preview
[YOUR FULL NAME] [YOUR ADDRESS] [YOUR EMAIL ADDRESS] [DATE OF LETTER] The Public Guardian Office of the Public Guardian PO Box 16185 Birmingham B2 2WH Re: [ATTORNEY'S FULL NAME] โ Attorney under LPA for [DONOR'S FULL NAME] LPA reference: [LPA REFERENCE NUMBER (IF KNOWN)] --- Dear Sir or Madam, **FORMAL CONCERN โ ATTORNEY UNDER LASTING POWER OF ATTORNEY** I am writing to raise formal concerns about the conduct of [ATTORNEY'S FULL NAME], who acts as attorney under a Lasting Power of Attorney (LPA) for [DONOR'S FULL NAME] (the donor). **My Relationship to the Donor** [YOUR RELATIONSHIP TO THE DONOR] **The LPA** The LPA was registered on approximately [APPROXIMATE DATE THE LPA WAS REGISTERED]. The LPA covers: Property and Financial Affairs / Health and Welfare [delete as applicable]. **My Concerns** I am concerned that [ATTORNEY'S FULL NAME] may be: acting outside the scope of the LPA; failing to act in the donor's best interests; and/or misappropriating the donor's assets. The specific concerns are as follows: [SPECIFIC DETAILS OF YOUR CONCERNS] **Evidence** I attach / am able to provide the following evidence in support of these concerns: [EVIDENCE YOU HAVE OR CAN PROVIDE] **The Donor's Capacity** [NOTES ON THE DONOR'S CURRENT MENTAL CAPACITY] **Request for Investigation** I respectfully ask the Office of the Public Guardian to: 1. Investigate the conduct of [ATTORNEY'S FULL NAME] in accordance with your supervisory functions under the Mental Capacity Act 2005 and the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007. 2. Contact me to discuss the concerns further if needed. 3. Consider whether an application to the Court of Protection is appropriate, including an application for the revocation of the LPA under section 22 of the Mental Capacity Act 2005. Yours faithfully, [YOUR FULL NAME]
Unfilled fields appear as [FIELD NAME]. Review the letter carefully before sending. This template is a starting point โ adapt it to your specific circumstances.