When should I use this letter to the Office of the Public Guardian?

This letter is suitable if you suspect an attorney is acting outside their authority, misusing funds, failing to act in the donor's best interests, or breaching the Mental Capacity Act 2005. It is not appropriate for raising concerns about welfare decisions alone, as the OPG primarily investigates property and financial attorneys. For welfare disagreements, you may need to apply to the Court of Protection.

What should I do if I suspect immediate financial abuse?

If you believe there is an immediate risk of financial abuse or a safeguarding emergency, contact Adult Social Services immediately rather than waiting for the OPG process. The OPG investigation may take time, so urgent safeguarding issues should be reported to the relevant local authority services without delay.

What evidence should I include with my letter?

You should include specific examples of the behaviour, such as large unexplained transfers or asset sales. Enclose documentary evidence like bank statements, correspondence, or witness statements. Vague concerns are harder to investigate, and providing clear details helps the OPG determine if an application to the Court of Protection is appropriate.

Where do I send this letter and what details are required?

The letter should be sent to The Public Guardian, Office of the Public Guardian, PO Box 16185, Birmingham B2 2WH. You should include the attorney's name, the donor's name, and the LPA reference number if known. The letter should clearly state your relationship to the donor and the specific concerns you wish to raise.

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Family

Family Law

Updated 2026-05-16

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.

This template was not drafted by a solicitor.

It is an editorial reference based on the official sources we cite. You are responsible for any document you send. For high-stakes matters (court proceedings, large sums, deportation, criminal allegations, child welfare), have a regulated solicitor review or draft your document.

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 — 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.9–14 (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.

Before you send

Not providing specific examples of the behaviour complained of — vague concerns are harder for the OPG to investigate
Not enclosing documentary evidence where available (bank statements, correspondence, witness statements)
Confusing the OPG with the Court of Protection — the OPG investigates and supervises; the Court makes binding orders

Common Mistakes to Avoid

✗Not providing specific examples of the behaviour complained of — vague concerns are harder for the OPG to investigate
✗Not enclosing documentary evidence where available (bank statements, correspondence, witness statements)
✗Confusing the OPG with the Court of Protection — the OPG investigates and supervises; the Court makes binding orders
✗Not 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 *.

Your full name*

Your address*

Your email address*

Date of letter*

Attorney's full name*

Donor's full name*

Your relationship to the donor*

Specific details of your concerns*

Optional fields

LPA reference number (if known)

Approximate date the LPA was registered

Evidence you have or can provide

Notes on the donor's current mental capacity

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] — Attorney under LPA for [DONOR'S FULL NAME]
LPA reference: [LPA REFERENCE NUMBER (IF KNOWN)]

---

Dear Sir or Madam,

**FORMAL CONCERN — 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 — adapt it to your specific circumstances.

Related Guides

Lasting Power Of Attorney

Official Resources

Office of the Public Guardian — Raise a concern →Court of Protection →

Frequently asked questions

When should I use this letter to the Office of the Public Guardian?: This letter is suitable if you suspect an attorney is acting outside their authority, misusing funds, failing to act in the donor's best interests, or breaching the Mental Capacity Act 2005. It is not appropriate for raising concerns about welfare decisions alone, as the OPG primarily investigates property and financial attorneys. For welfare disagreements, you may need to apply to the Court of Protection.
What is the difference between the OPG and the Court of Protection?: The Office of the Public Guardian investigates and supervises attorneys under Lasting or Enduring Powers of Attorney. They may apply to the Court of Protection to revoke the LPA and remove the attorney. The Court of Protection is a separate body that makes binding orders, so do not confuse the two roles when raising your concerns.
What should I do if I suspect immediate financial abuse?: If you believe there is an immediate risk of financial abuse or a safeguarding emergency, contact Adult Social Services immediately rather than waiting for the OPG process. The OPG investigation may take time, so urgent safeguarding issues should be reported to the relevant local authority services without delay.
What evidence should I include with my letter?: You should include specific examples of the behaviour, such as large unexplained transfers or asset sales. Enclose documentary evidence like bank statements, correspondence, or witness statements. Vague concerns are harder to investigate, and providing clear details helps the OPG determine if an application to the Court of Protection is appropriate.
Where do I send this letter and what details are required?: The letter should be sent to The Public Guardian, Office of the Public Guardian, PO Box 16185, Birmingham B2 2WH. You should include the attorney's name, the donor's name, and the LPA reference number if known. The letter should clearly state your relationship to the donor and the specific concerns you wish to raise.